State v. Matischeck

This appeal presents another double jeopardy *334problem under the holding of State v. Brown, 262 Or 442, 497 P2d 1191 (1972).

On May 4, 1974, defendant was arrested by a state police officer for driving under the influence of intoxicating liquor (DUIL) in violation of ORS 483.-999(2), and was issued a Uniform Traffic Citation charging him with that offense. Immediately after the arrest the officer searched defendant and seized a vial of tablets in defendant’s possession. On May 6, 1974, the district attorney received a laboratory report identifying the pills as amphetamines, and on that date an…