State v. Huskey

Defendant appeals from a conviction for driving under the influence of intoxicants (DUII). ORS 813.010. He assigns as error the trial court’s denial of his motion to dismiss on the ground that the prosecution against him was not commenced within the two-year statute of limitations. ORS 131.125(6)(b). We reverse.

Defendant was arrested on October 28, 1994, in Douglas County and charged with DUII. The Driver and Motor Vehicle Services Branch (DMV) held a hearing regarding the suspension of defendant’s driver’s license as a result of the arrest but did not suspend his license. On December 5,…