284 P.3d 496
Or. Ct. App.2012Background
- Defendant was convicted of DUII and challenged several evidentiary rulings on appeal.
- Defendant had ADHD treated with Concerta; methylphenidate is a Schedule II stimulant.
- Officers May and Lee conducted FSTs and a DRE evaluation; breath test showed 0.00 BAC but methylphenidate detected urinalysis.
- Defense sought to impeach officers with excerpts from the NHTSA Field Sobriety Test Manual under OEC 706.
- Trial court sustained hearsay/foundation/relevance objections to the NHTSA excerpts; defense offered an at-issue impeachment theory.
- Court reversed and remanded, holding the NHTSA manual impeachment was admissible and not harmless error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in excluding OEC 706 impeachment using the NHTSA manual | Schacher-based offer showed reliability and authority of manual for impeachment | Offer of proof insufficient and improper foundation under OEC 706 | Error; reversal and remand for proper impeachment |
| Whether the error was preserved on appeal | Offer of proof adequate; context showed substance of excluded evidence | Record insufficient to preserve error | Preserved; trial court's ruling should be reviewed on merits |
| Whether the exclusion of the NHTSA-impeachment evidence was relevant to defendant's theory | Evidence attacked reliability of FSTs under medication context, central to defense | Evidence irrelevant to the driving impairment question | Not harmless; evidence directly related to defendant's theory and outcome |
Key Cases Cited
- State v. Affeld, 307 Or 125 (Or. 1988) (offers of proof required to preserve exclusionary error (trial fairness))
- State v. Stevens, 970 P.2d 215 (Or. 1998) (fairness and efficiency in evaluating preserved errors)
- Schacher v. Dunne, 820 P.2d 865 (Or. App. 1991) (offer of proof preserved cross-examination challenge when evidentiary ruling affects substantial rights)
- Olmstead v. State, 800 P.2d 277 (Or. 1990) (contextual basis for determining preservation under OEC 103(1))
- State v. Davis, 77 P.3d 1111 (Or. 2003) (harmless error framework for evidentiary rulings)