State v. Faulkner

The state appeals an order dismissing a uniform traffic complaint charging the defendant with the crime of Driving Under the Influence of Intoxicants, ORS 487.540. By the operation of ORS 484.365, the offense charged was a Class A misdemeanor.

Defendant was charged with the same offense in a prior traffic complaint. Prior to trial on the first complaint defendant moved to suppress the results of a breathalyzer examination given by the arresting officer. The motion to suppress was allowed after hearing. The deputy district attorney then advised the court the state was not ready to proceed since…