State v. Schiff

The state appeals from a pretrial order dismissing a charge of driving while under the influence (DUII) on the ground that defendant was denied due process. We reverse and remand.

On June 30,1984, defendant was cited for the misdemeanors of driving while under the influence and failure to perform the duties of a driver. Former ORS 487.540 (now ORS 813.010); former ORS 483.604 (now ORS 811.700). After continuances had been obtained by both sides, the case was set for trial on August 15,1985. Before that date, the state moved to dismiss both charges, having determined that felony prosecution was…