State v. McGee

In this criminal prosecution for driving under the influence of intoxicants (DUII), ORS 813.010(1), the state appeals a pretrial order of dismissal entered after the trial court granted defendant’s motion to dismiss for lack of a speedy trial. ORS 135.747. We review for errors of law, State v. Johnson, 339 Or 69, 82-87, 116 P3d 879 (2005), and reverse and remand.

I. OVERVIEW

On March 28,2008, a Gresham police officer stopped defendant for a traffic violation. While processing the violation, the officer became suspicious that defendant was intoxicated and called a second officer, Harley, to…