State v. Mayes

Defendant appeals a conviction of violating ORS 483.992 (2) (driving while under the influence of intoxicating liquor). He asserts the constitutional defense of double jeopardy, as well as a statutory defense based on ORS 134.140 (2) ① and 134.150. ②

The record discloses the following events: On April 24, 1965, the defendant was issued a citation for violating Section 19-701 of the Portland Traffic Code. The case first came on for trial on May 24, 1965, in the municipal court. Trial was postponed at the defendant’s request one day to May 25. The next day the city attorney requested a…