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CITY OF EUGENE v. SMYTH

250828826; A141624.

243 P.3d 854 (2010)

239 Or. App. 175

CITY OF EUGENE, Plaintiff-Respondent, v. Shannon J. SMYTH, aka Shannon Jensen Smyth, Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 24, 2010.

Attorney(s) appearing for the Case

John Halpern, Jr. , Eugene, argued the cause and filed the brief for appellant.

Jona J. Maukonen , Portland, argued the cause for respondent. With her on the brief were C. Robert Steringer and Harrang Long Gary Rudnick P.C.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and DUNCAN, Judge.

DUNCAN, J.

Defendant was charged with driving under the influence of intoxicants (DUII) in violation of Eugene City Code (ECC) 5.005.1 He was convicted in municipal court and appealed to the circuit court, where he was convicted after a trial de novo. Defendant now appeals to this court, arguing that the circuit court erred by excluding evidence that his acts of drinking alcohol and driving were not voluntary. In response, the city...

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