State v. Bunch

Court of Appeals of Oregon

Decided September 9, 1987

Court of Appeals of Oregon · decided 1987-09-09

Cited by 1 later decisions — most recently March 1990

1 state decisions

Applies OR 813 § 813.010

Good law ✅— No negative treatment on recordhow we know

Decided 1987-09-09

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PER CURIAM

¶1In this DUII case, defendant contends that he should have been permitted to assert as a defense that he was involuntarily intoxicated. In State v. Maguire, 78 Or App 459, 717 P2d 226 (1986), we held that driving under the influence of intoxicants, former ORS 487.540,1 is a strict liability crime and does not require a culpable mental state. On review, the Supreme Court, by an equally divided court, affirmed without opinion. 303 Or 368, 736 P2d 193 (1987).

¶2We affirm, relying on our reasoning in State v. Maguire, supra.

¶3Affirmed.

¶4 The present statute, ORS 813.010, applicable to this case, does not differ from the former statute in any respect material to this case.