State v. Petersen

Defendant appeals a conviction of driving under the influence of intoxicants (DUII). ORS 813.010(4). Defendant moved to dismiss for lack of a speedy trial based on statutory and constitutional grounds on the day of trial. The trial court denied the motion as untimely under UTCR 4.010 without addressing defendant’s arguments. On appeal, defendant contends that the time requirement in UTCR 4.010 does not apply to motions to dismiss. We affirm.

The facts are undisputed. Defendant was cited for DUII on July 23, 2008. Trial was set for February 18, 2009, but reset to June because no judge was…