State v. Hilborn

Defendant appeals his conviction for driving under the influence of intoxicants (DUII). ORS 487.540. He challenges the trial judge’s denial of his pretrial motion for change of judge and the refusal to grant a hearing on his motion to suppress. We reverse.

Defendant was arrested for DUII in September, 1983, in Coos County. On October 13,1983, he received a notice that the case had been set for trial on January 4, 1984. On November 15, 1983, 50 days before the scheduled trial, defendant filed a motion for change of judge, claiming that the judge was prejudiced against him. The judge denied the…