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STATE v. DAHL

(CC PR106249; CA A112549; SC S50053).

87 P.3d 650 (2004)

336 Or. 481

STATE of Oregon, Respondent on Review, v. Christine DAHL, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided March 4, 2004.

Attorney(s) appearing for the Case

Jeffrey C. Dahl, Lake Oswego, argued the cause and filed the briefs for petitioner on review.

Rolf Moan, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

KISTLER, J.

The primary question that this case presents is whether the state may rely on a statutory presumption to prove a traffic violation. We hold, as did the trial court and the Court of Appeals, that it may do so and accordingly affirm the Court of Appeals decision and the trial court's judgment.

A Portland police officer using "photo radar"1 determined that a car registered to defendant had exceeded the speed limit. Although...

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