State v. Picard

The state appeals from the granting of a motion to quash and the dismissal of a charge of driving while under the influence of intoxicants (DUII).

Defendant was charged with the traffic crime of DUII, a Class A misdemeanor, under ORS 484.365.1 Defendant demurred to the complaint because it failed to state the prior offense. The demurrer was allowed with leave to refile the complaint. The new complaint was served on the defense attorney at the demurrer hearing; the defendant was not present. The defense moved to quash the second summons because of lack of personal service.2 The motion was…