State v. Freeman

The state appeals a trial court ruling regarding a traffic citation charging defendant with driving under the influence of intoxicants (DUII). ORS 813.010. We reverse and remand.

On the day set for trial, defendant advised the court that although the uniform traffic citation alleged that the charged offense occurred on January 29, 1991, the state’s evidence would show that the offense happened on December 29, 1991, the date in the officer’s certification. Defendant then moved for either a dismissal or judgment of acquittal in anticipation of the variance between the pleading and proof. 1 The…