"(3) The offense described in this section, reckless driving, is a Class A misdemeanor and is applicable upon any premises open to the public."Īrticle I, section 11, provides, in part, that criminal defendants "in other than capital cases, and with the consent of the trial judge, may elect to waive trial by jury and consent to be tried by the judge of the court alone" I. The facts that are material to the waiver issue are undisputed. We first recount trial testimony about the facts giving rise to the charges and then recount the pretrial proceedings giving rise to the appeal. #Judicial consent under the desk scene trial# Oregon State Trooper Ledbetter responded to a 9-1-1 call reporting a disabled vehicle on the shoulder of I-5. The caller had seen defendant standing outside of his truck, "staggering around" and "waving his hands above his head * * * motioning at cars like he needed help." The caller had stopped, spoken with defendant, and concluded that defendant was intoxicated and out of gas.
Ledbetter arrived at the scene to find defendant asleep in his truck. The trooper smelled an "overwhelming odor" of alcohol emanating from the truck's interior. He saw an open can of beer sitting in the center console, several unopened beer cans on the passenger-side floorboard, and a marijuana pipe on the passenger-side seat. Defendant was disoriented, unsteady, and unable to safely perform field sobriety tests. Defendant made a number of incriminating statements, including an admission that he had started drinking at home before driving. He consented to a breath test, and it indicated that his blood-alcohol content was 0.24 percent. Defendant was charged with DUII and reckless driving.
The witness testified that defendant told her that he had been out "partying" and that his truck had run out of gas. She testified that defendant had offered her 20 dollars in cash to get gas for him. She declined and dialed 9-1-1.ĭefendant's statements were recorded and submitted as evidence at trial.