State v. Ogle

Defendant appealed from a circuit court conviction for driving while his operator’s license was suspended (DWS), ORS 487.560. He assigned as error the court’s refusal to dismiss prosecution because the defendant had previously been convicted in municipal court of another offense which was charged against him on the same occasion, driving under the influence of intoxicants, ORS 487.540(1) (b). The Court of Appeals affirmed the DWS conviction. 46 Or App 109, 610 P2d 1242 (1980). We allowed review to consider whether the Court of Appeals misapplied statutory and constitutional rules of former…