Willamette Law Online

Oregon Court of Appeals


State v. Newman

Summarized by: 

Date Filed: 11-02-2011
Case #: A142837
Brewer, C.J. for the Court; Ortega, P.J.; & Sercombe, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/A142837.pdf

Evidence: Driving under the influence of intoxicants is a strict liability offense, and evidence of mental state will be excluded.

Defendant was convicted for DUII and assigned error to the trial court’s refusal to allow evidence that he was “sleep-driving.” Defendant asserted that the crime of DUII required proof of a voluntary act or culpable mental state. The trial court excluded evidence of defendant’s evidence on the ground that it was not relevant because DUII is a strict liability offense. Based on the Court's interpretation of relevant statutes and prior case law, the Court held that a DUII is a strict liability offense and that evidence concerning defendant’s mental state was irrelevant, and therefore properly denied. Affirmed.