State v. Sarratt

In this criminal action under the traffic code, the state appeals from orders of the district court dismissing an accusatory instrument and suppressing evidence. See ORS 138.060(1) and (3); see also ORS 481.170(2). We reverse.

We draw our statement of the facts substantially from the state’s brief. The defendant was originally charged by a Uniform Traffic Citation with the crime of driving under the influence of intoxicants, a violation of ORS 487.540, as enhanced by ORS 484.365.1 The material allegations of the citation were as follows:

m * *

"That on the 21st day of January, 1980, at 1:32 am,…