State v. Newman, 246 OrApp 334 (2011)

Holding:   DUII is a strict liability offense; Defendant’s metal state was irrelevant; therefore, trial court correctly ruled that Defendant had no right to present evidence that he was “sleep-driving.”

1)  “We examine the text of the statute in context, along with any relevant legislative history, to discern the legislature’s intent.” citing State v. Gaines. at p. 337.

2)   According to the 1990 Oregon Supreme Court, no text in any Oregon DUII statute, no Oregon appellate decision, nor, any testimony before any legislative committee has ever suggested that the crime of DUII requires proof of a culpable mental state. at pp. 338-39.

3)   Courts will not adopt a statutory construction that leads to absurd results. at p. 340.

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