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STATE v. HADSELL

90-1607-M; CA A77711.

878 P.2d 444 (1994)

129 Or. App. 171

STATE of Oregon, Appellant, v. Evelyn E. HADSELL, Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted May 11, 1994.

Decided July 20, 1994.

Review Denied October 4, 1994.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., argued the cause for appellant. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Robert W. Dewey, Grants Pass, argued the cause and filed the brief for respondent.

Resubmitted In Banc May 11, 1994.

EDMONDS, Judge.

The state appeals after the trial court granted defendant's motion to dismiss with prejudice, pursuant to ORS 135.755 and Article I, section 10 of the Oregon Constitution, the citation charging her with driving while under the influence of intoxicants. We reverse.

Defendant was arrested for driving while under the influence of intoxicants on October 23, 1990. On November 4, she entered a plea of not...

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