351 P.3d 797
Or. Ct. App.2015Background
- Defendant arrested for DUII after being stopped for speeding on Crystal Springs Road.
- Defendant refused a breath test, leading to a DMV suspension hearing.
- An ALJ issued a Final Order Dismissing Suspension containing findings about the stop and credibility of Officer Ginnow.
- Defendant sought to admit the DMV order at suppression, arguing it was relevant to credibility and impeachment, while the trial court refused.
- OEC 104 and 101 permit the suppression court to consider preliminary questions about admissibility without applying typical evidence rules.
- The appellate court held the DMV order should have been admitted but the error was harmless, affirming the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of DMV order at suppression hearing | Defendant | Defendant | Harmless error; order should have been admitted but not outcome-determinative |
Key Cases Cited
- State v. Wright, 315 Or 124 (1992) (preliminary questions and evidentiary rules not binding in suppression hearings)
- State v. Davis, 336 Or 19 (2003) (harmless-error standard for exclusion of evidence at trial)
- State v. Klein, 243 Or App 1 (2011) (exclusion not reversible if not qualitatively different from admitted evidence)