State v. Clarkson

Defendant appeals his conviction for driving while under the influence of intoxicants (DUII), a misdemeanor. Former ORS 487.540. He assigns error to the denial of his motion to dismiss on the ground that he was denied his right to a trial within 90 days after demand, ORS 135.763(1), and, alternatively, the denial of his constitutional right to a speedy trial under the state and federal constitutions. We conclude that his statutory rights were violated and reverse.

In September, 1984, defendant was charged with DUII and an attorney was appointed to represent him. On September 21, he pled not…