State v. Carter

A trial court errs if it gives a jury instruction that is at odds with a general rule of Oregon law or inconsistent with a specific application of that rule in prior Oregon case law. Montara Owners Assn. v. La Noue Development, LLC, 57 Or 333, 347-48, 353 P3d 563 (2015).

Defendant appealed from a conviction of DUII, ORS 81.110, and reckless driving, ORS 811.140. Defendant argued the trial court erred in providing a “Miles” instruction” (UCrJI 2708) to the jury, because the Miles instruction only applied in cases of intoxication by alcohol and not use of prescription medication.  Defendant further asserted the Miles instruction was impermissibly given based on her "non-drug related" physical conditions of illness and fatigue at the time of the accident. A trial court errs if it gives a jury instruction that is at odds with a general rule of Oregon law or inconsistent with a specific application of that rule in prior Oregon case law. Montara Owners Assn. v. La Noue Development, LLC, 57 Or 333, 347-48, 353 P3d 563 (2015). The Court found no error because the term "intoxicants" in the Miles instruction includes either or both alcohol and controlled substances. Further, it was not evident that the Miles instruction excluded physical conditions such as illness and fatigue under the plain error standard.  The Court held the trial court's Miles instruction did not violate a rule of Oregon law. Affirmed.