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STATE v. NEWMAN

080532364; A142837.

265 P.3d 86 (2011)

246 Or. App. 334

STATE of Oregon, Plaintiff-Respondent, v. James Robert NEWMAN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 2, 2011.

Attorney(s) appearing for the Case

Jesse Wm. Barton argued the cause and filed the brief for appellant.

Joanna L. Jenkins , Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Before ORTEGA, Presiding Judge, and BREWER, Chief Judge, and SERCOMBE, Judge.

ORTEGA, P.J.

Defendant appeals a judgment of conviction for driving under the influence of intoxicants (DUII), ORS 813.010. He assigns error to the trial court's refusal to allow evidence that he was "sleep-driving." The trial court excluded defendant's evidence on the ground that it was not relevant because DUII is a strict liability offense. Because we agree that DUII is a strict liability offense, we conclude that the trial...

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