State v. Warner

The state appeals from an order dismissing two counts of a three-count indictment against defendant. The trial court granted defendant’s motion to dismiss charges of driving under the influence of intoxicants (DUII), ORS 813.010, and reckless driving, ORS 811.140, on former jeopardy grounds. We reverse.

The charges against defendant arose from a May 7, 1999, traffic accident in which he was involved. On that day, he was issued a traffic citation for three infractions: careless driving, driving uninsured, and failure to carry proof of compliance with financial responsibility requirements. In a…