State v. Driver

In this consolidated criminal appeal, defendant challenges his convictions for driving while under the influence of intoxicants (DUII), ORS 813.010. Defendant assigns error to the trial court’s refusal to grant his motion to dismiss for lack of a speedy trial under former ORS 135.747 (2011), repealed by Or Laws 2013, ch 431, § l.1 We conclude that of the total 26.5-month delay, 20 months were attributable to the state. Defendant did not consent to those 20 months, and the total delay was unreasonable because seven months were the result of the state’s unjustified delays in producing…