State v. Page

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

The facts in this case are largely procedural. At 3:30 a.m. on January 9, 2002, police stopped defendant and issued two citations to him, one for felony DUII, ORS 813.010, and one for misdemeanor driving while suspended (DWS), ORS 811.182(4). On January 29, 2002, a Multnomah County deputy district attorney issued an information charging defendant…