State v. Nelson

The state appeals from the trial court’s dismissal of an information charging defendant with driving under the influence of intoxicants (DUII), ORS 813.010, and reckless driving. ORS 811.140. The trial court dismissed the charges based on its conclusion that the district attorney’s decision to file the DUII and reckless driving charges was “vindictive prosecution” because it was “in response” to defendant’s rejection of a plea bargain on an assault charge. The state argues that the trial court applied the wrong legal standard for “vindictive prosecution” and that, under the correct legal…