Driving Under the Influence of Intoxicants
To prove driving under the influence, the state must prove these elements beyond a reasonable doubt:
- The act occurred on or about the alleged date. This means that the alleged offense must have taken place on or around the date specified in the charge.
- The defendant drove a vehicle on premises open to the public. This element requires that the defendant was operating a motor vehicle in a location that is open to the public. This can include public roads, parking lots, or any other place accessible to the general public.
- While driving the vehicle, the defendant was under the influence of one or more of the following substances:
- Controlled substance meaning drugs or substances that are regulated and categorized as controlled substances under the law.
- Inhalant includes substances that can be inhaled to produce intoxicating effects.
- Intoxicating liquor typically means alcohol.
Any combination of these substances: The defendant can be under the influence of a controlled substance, an inhalant, intoxicating liquor, or any combination of these substances. To secure a conviction for driving while under the influence of intoxicants, the state must provide evidence that supports all three of these elements beyond a reasonable doubt. If any of these elements cannot be proven, the defendant may not be found guilty of the offense. Possession of Controlled Substance(s)To prove unlawful possession of a controlled substance, the state must demonstrate the following elements beyond a reasonable doubt:
- This means that the alleged offense must have taken place on or around the date specified in the charge.
- The Defendant either knowingly or intentionally possessed a controlled substance.
To secure a conviction for this crime, it must be proven that the defendant knowingly or intentionally had possession of a controlled substance. A controlled substance is defined as a drug or its immediate precursor categorized in Schedules I–V under the Federal Controlled Substances Act. However, it is important to note that the definition explicitly excludes certain substances:
- The plant Cannabis from the Cannabaceae family.
- Any part of the cannabis plant, whether it is growing or not.
- Resin extracted from any part of the cannabis plant.
- The seeds of the cannabis plant.
- Any compound, manufacture, salt, derivative, mixture, or preparation of the cannabis plant, resin, or seed.
Additionally, psilocybin and psilocin are not considered controlled substances under this definition, but only if a person manufactures, delivers, or possesses them in accordance with the provisions of ORS 475A.210 to 475A.722 and the rules adopted under those statutes.To secure a conviction for possession of a controlled substance, the state must provide evidence that supports all three of these elements beyond a reasonable doubt. If any of these elements cannot be proven, the defendant may not be found guilty of the offense.
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