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State v. Massey

Summarized by: 

Date Filed: 05-09-2012
Case #: A145571
Duncan, J. for the Court; Armstrong, P.J.; and Haselton, C.J.
Full Text Opinion: http://www.publications.ojd.state.or.us/Publications/A145571.pdf

Evidence: Use of the Miles jury instruction is improper when there is insufficient evidence at trial to show that a defendant's physical condition made him more susceptible to the influence of intoxicants than he normally would be.

Defendant appealed a conviction for driving under the influence of intoxicants (DUII), arguing that the trial court erroneously relied on its jury instruction. The court used a jury instruction from State v. Miles, 8 Or App 189, 492 P2d 497, rev den (1972), which states that, even if the jury finds that the Defendant was more susceptible to intoxicants because of a physical condition than he normally would be, he is still under the influence of intoxicants. The Court of Appeals found that there is insufficient evidence to show that on the day Defendant was charged with DUII, his physical condition made him more susceptible to alcohol than normal. Thus, the trial court erred in relying on the Miles jury instruction. Reversed and remanded.