State v. Jenson

Defendant appeals a judgment of conviction for misdemeanor driving under the influence of intoxicants (DUII). ORS 813.010. She assigns error to the trial court’s denial of her motion to dismiss the DUII charge on former jeopardy grounds. We affirm.

The facts in this case are largely procedural. Late in the evening, a police officer saw defendant’s vehicle exceed the posted speed limit, change lanes without signaling, and make an improper turn. The officer stopped the vehicle and, while questioning defendant about the traffic infractions, smelled burnt marijuana coming from inside the vehicle.…