State v. Olmstead

Court of Appeals of Oregon

State v. Olmstead

780 P.2d 1201, 99 Or. App. 41, 1989 Ore. App. LEXIS 1518

Court of Appeals of Oregon·Decided October 18, 1989·No. 88-11312; CA A50685·Published·Cited by 4 cases

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[42]*42PER CURIAM

Defendant appeals from his convictions, on stipulated facts, for driving under the influence of intoxicants, ORS 813.010, and driving with a suspended license. ORS 811.182. Before trial, defendant filed notice of his intent to defend both charges by asserting that he was guilty but insane. ORS 161.295. The state moved that the defense be stricken. The court granted the state’s motion.

Defendant’s only contention is that the court erred in striking the defense. The defense under ORS 161.295 is not available, because driving under the influence of intoxicants and driving with a suspended license are both strict liability offenses. State v. Buttrey, 293 Or 575, 651 P2d 1075 (1982); State v. Maguire, 78 Or App 459, 717 P2d 226 (1986), affirmed without opinion by an equally divided court 303 Or 368 (1987).

Affirmed.

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[42]*42PER CURIAM

Defendant appeals from his convictions, on stipulated facts, for driving under the influence of intoxicants, ORS 813.010, and driving with a suspended license. ORS 811.182. Before trial, defendant filed notice of his intent to defend both charges by asserting that he was guilty but insane. ORS 161.295. The state moved that the defense be stricken. The court granted the state’s motion.

Defendant’s only contention is that the court erred in striking the defense. The defense under ORS 161.295 is not available, because driving under the influence of intoxicants and driving with a suspended license are both strict liability offenses. State v. Buttrey, 293 Or 575, 651 P2d 1075 (1982); State v. Maguire, 78 Or App 459, 717 P2d 226 (1986), affirmed without opinion by an equally divided court 303 Or 368 (1987).

Affirmed.

State v. Olmstead, 780 P.2d 1201, 99 Or. App. 41, 1989 Ore. App. LEXIS 1518 (Or. Ct. App. 1989).

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