State v. Gerttula

Court of Appeals of Oregon

State v. Gerttula

598 P.2d 1257, 41 Or. App. 675, 1979 Ore. App. LEXIS 3161

CourtCourt of Appeals of Oregon

DecidedAugust 27, 1979

DocketNo. H19756, CA 13425

StatusPublished

This text of 598 P.2d 1257 (State v. Gerttula) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Gerttula, 598 P.2d 1257, 41 Or. App. 675, 1979 Ore. App. LEXIS 3161 (Or. Ct. App. 1979).

Pincite

Opinion

TANZER, J.

Defendant appeals his conviction for driving under the influence of intoxicants, ORS 487.100. He assigns as error the denial of his motion for judgment of acquittal based on the absence of evidence that the arresting deputy sheriffs were in uniform. Defendant asserts that such proof is necessary pursuant to ORS 487.105, which provides:

"Any police officer attempting to enforce the traffic laws of this state shall be in uniform or shall conspicuously display an official identification card showing his lawful authority.”

The attire of the arresting officer is not an element of the crime of driving under the influence of intoxicants. An opinion stating such an obvious proposition would be unnecessary had we not been advised by counsel that at least one district court routinely allows such motions. The motion for judgment of acquittal was properly denied.

Affirmed.

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