State v. Smith

The Supreme Court, on review of our previous decision in this case, State v. Smith, 38 Or App 173, 589 P2d 1158 (1979), remanded it "for reconsideration in light of State v. Clark, 286 Or 33, 593 P2d 123 (1979).” The facts are set out in our previous opinion and will not be repeated.

In the prior opinion, we concluded that defendant’s motion to dismiss the complaint charging Driving Under the Influence of Intoxicants was improperly dismissed and that the state should be allowed to try defendant under ORS 487.540(l)(a). The motion for dismissal was based upon the inadvertent destruction of a…