State v. McCrea

Defendant was charged with the traffic infraction of driving in excess of the maximum speed limit of 55 miles per hour, a Class C traffic infraction, ORS 487.475. During trial to the court, after the state had rested, defendant moved for an order arresting judgment or in the alternative for an order dismissing the complaint. Defendant contended that a cause of action was not stated, because the rule establishing the speed limit had been improperly promulgated in 1974. The district court granted the motion to dismiss, and the state appeals.

As a preliminary matter, defendant challenges the…