State v. Ven Osdel

(on reassignment).

Yen Osdel was convicted of driving while under the influence of alcoholic beverages, 183 days after his first court appearance. We reverse the conviction.

FACTS

Ven Osdel was arrested for driving while under the influence. He made his first appearance on November 22, 1988, two days after his arrest. His preliminary hearing was set for January 12, 1989. Near the close of the court’s business day on January 12, 1989, the clerk informed the magistrate that she had a 5:30 p.m. appointment that could not be cancelled. The magistrate contacted the clerk’s office and found that there…