City of Pendleton v. Elk

Defendant appeals her conviction in district court of driving uninsured in violation of ORS 806.010, which is a Class B traffic infraction. The state has moved to dismiss the appeal on the ground that defendant failed timely to serve the district attorney with her notice of appeal, and that that failure deprives this court of jurisdiction of the appeal. For the reasons that follow, we deny the state’s motion.

Defendant was cited into Pendleton Municipal Court on a uniform traffic citation for the state infraction. She was tried and convicted of the charge. She then filed a notice of appeal in…