State v. Mercier

Defendant was charged with driving under the influence of intoxicants (DUII), ORS 813.010, failure to carry or present a license, ORS 807.570, and refusal to take a breath test, ORS 813.095. Before trial, he moved to dismiss the district attorney’s information, arguing that pretrial delay violated his right to a speedy trial as guaranteed both by Article I, section 10, of the Oregon Constitution and by ORS 135.747.1 The trial court granted the motion and entered a judgment dismissing the case with prejudice, based on its determination that the pretrial delay had violated defendant’s…