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BROWN v. MULTNOMAH COUNTY DIST. COURT

570 P.2d 52 (1977)

280 Or. 95

Hugh Duffy BROWN, Petitioner, v. MULTNOMAH COUNTY DISTRICT COURT, and Anthony L. Casciato, Presiding Judge, Respondents.

Supreme Court of Oregon, In Banc.

Decided October 12, 1977.

Attorney(s) appearing for the Case

Elden M. Rosenthal, ACLU Cooperating Atty., Portland, argued the cause and filed a brief for petitioner.

Al J. Laue, Sol. Gen., Salem, argued the cause for respondents. On the brief were W. Michael Gillette (former Sol. Gen.), and James A. Redden, Atty. Gen.

J.P. Graff, of Gildea & McGavic, P.C., Eugene, filed a brief for Oregon Trial Lawyers Ass'n as amicus curiae.

Gary D. Babcock, Public Defender, and Robert C. Cannon, Deputy Public Defender, Salem, filed a brief for the Office of the State Public Defender as amicus curiae.

LINDE, Justice.

In the course of revising the Oregon Vehicle Code in 1975 (Or.L. 1975, ch. 451) the legislative assembly placed the first offense of driving a motor vehicle under the influence of intoxicants (DUII) into a statutory category of "traffic infractions" as distinguished from "traffic crimes." ORS 484.365. The question before us is whether, in the light of the entire statutory scheme, this offense may be tried without the constitutional safeguards guaranteed...

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