State v. Prickett

Defendant appeals his conviction for driving under the influence of intoxicants (DUII), a class A misdemeanor. ORS 813.010. The primary issue is whether the rule announced in State v. Rudder, 133 Or App 174, 889 P2d 1367 (1995), now pending on reconsideration, applies to DUII prosecutions. We hold that it does not.

Rudder presented the question of whether district courts had retained jurisdiction over cases involving class A misdemeanors after the 1993 legislature amended ORS 161.635 to authorize a $5,000 maximum fine for class A misdemeanors, but did not amend ORS 46.040, under which the…