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STATE v. SCHIFF

C86-04-31742; CA A41695.

762 P.2d 319 (1988)

93 Or.App. 301

STATE of Oregon, Appellant, v. Charles Michael SCHIFF, Respondent.

Court of Appeals of Oregon.

Decided October 5, 1988.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

No appearance for respondent.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

DEITS, Judge.

The state appeals from a pretrial order dismissing a charge of driving while under the influence (DUII) on the ground that defendant was denied due process. We reverse and remand.

On June 30, 1984, defendant was cited for the misdemeanors of driving while under the influence and failure to perform the duties of a driver. Former ORS 487.540 (now ORS 813.010); former ORS 483.604 (now ORS 811.700). After continuances had been obtained...

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