State v. Hilligoss

The state appeals from the trial court’s pretrial order dismissing with prejudice a charge of driving under the influence of intoxicants (DUII). ORS 136.120; ORS 136.130. The dismissal was entered after the court denied the state’s motion for either a postponement of trial because of the unavailability of an essential witness or dismissal without prejudice pursuant to ORS 136.120. We conclude that the court abused its discretion in entering the dismissal with prejudice. Accordingly, we reverse and remand.

The material circumstances pertaining to the order of dismissal are undisputed. Defendant…