State v. Roeder

The state appeals from a pretrial order dismissing charges against defendant of driving under the influence of intoxicants (DUII), ORS 813.010, and reckless driving, ORS 811.140. See ORS 138.060(1) (state may appeal order dismissing accusatory instrument). The trial court granted defendant’s motion to dismiss the charges on former jeopardy grounds because defendant previously had been acquitted of a violation concerning his refusal to take a breath test, ORS 813.095. On appeal, the state asserts that the trial court erred for either of two reasons: (1) the violation was not criminal in nature…