State v. Contreras

Defendant was convicted of misdemeanor driving under the influence of intoxicants (DUII), ORS 813.010, after his first trial on the charge resulted in a hung jury. He appeals the denial of his motion to dismiss the case under ORS 135.747, the statutory speedy trial provision. That motion was filed shortly before the second trial. We conclude that ORS 135.747 regulates only the timing of the first trial and that defendant waived any objection to the timeliness of that trial by failing to file a motion to dismiss before commencement of the trial proceedings. Accordingly, we affirm the trial…