State v. Nunnemaker

The state appeals from a pretrial order that dismissed a charge against defendant of driving while under the influence of intoxicants (DUII), ORS 813.010. The state argues that the trial court erred in concluding that, because defendant had been acquitted of a charge of reckless driving that arose from the same conduct that gave rise to the DUII charge, issue preclusion prevented the state from proceeding to trial against defendant on the DUII charge. We agree with the state and reverse and remand the case for trial.

Defendant was charged by information with reckless driving and DUII. The…