State v. Gruhlke

Defendant appeals a judgment of conviction for driving while under the influence of intoxicants (DUII) and challenges the trial court’s denial of her demurrer to the accusatory instrument, a 2007 district attorney’s information, and her motion to dismiss the information. She contends that the information was void when it was filed based on the prohibition against double jeopardy or was ineffective because the state failed to seek leave to file it under ORS 135.670(1). Alternatively, she argues that the information was defective because it did not on its face contain allegations of facts that…