State v. Offet

This is an appeal by the state in which the trial court granted a motion to dismiss a complaint for driving under the influence of intoxicants (DUII), a Class A traffic infraction.

Defendant was first cited for the traffic crime of DUII, which is a Class A misdemeanor under ORS 484.365(1) and (3)(a). 1 The state alleged this was defendant’s second DUII offense. At trial, the court allowed defendant’s motion to exclude the evidence offered of his prior conviction because it failed to show that he had been previously convicted of a DUII offense. The prosecution offering no further evidence of…