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STATE v. OFFET

Nos. T 53015, T 57277; CA 11126 Cases Consolidated.

585 P.2d 765 (1978)

36 Or.App. 865

STATE of Oregon, Appellant, v. Donald Carl OFFET, Respondent.

Court of Appeals of Oregon.

Decided October 30, 1978.

Attorney(s) appearing for the Case

Jan P. Londahl, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Larry A. Brown, Eugene, argued the cause for respondent. With him on the brief was Flinn & Brown, Eugene.

Before SCHWAB, C.J., and GILLETTE and ROBERTS, JJ.

ROBERTS, Judge.

This is an appeal by the state in which the trial court granted a motion to dismiss a complaint for driving under the influence of intoxicants (DUII), a Class A traffic infraction.

Defendant was first cited for the traffic crime of DUII, which is a Class A misdemeanor under ORS 484.365(1) and (3)(a).1 The state alleged this was defendant's second DUII offense. At trial...

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