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STATE v. McQUEEN

DA 1106047; CA A95269.

956 P.2d 1046 (1998)

153 Or. App. 277

STATE of Oregon, Appellant, v. Steven Michael McQUEEN, Respondent.

Court of Appeals of Oregon.

Decided April 1, 1998.

Attorney(s) appearing for the Case

Kaye E. Sunderland, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Kimi Nam, Deputy Public Defender, argued the cause for respondent. With her on the brief was Sally L. Avera, Public Defender.

Before De MUNIZ, P.J., and HASELTON, J., and ROSSMAN, Senior Judge.

De MUNIZ, Presiding Judge.

The state appeals from an order dismissing a complaint charging defendant with driving under the influence of intoxicants (DUII). ORS 813.010. We reverse.

Defendant was arrested for DUII in March 1991. He signed a DUII diversion petition, waiver and agreement on April 22, 1991. The agreement included a waiver of the right to demand a speedy trial. Defendant also agreed in writing "to keep the court and Motor Vehicles Division (MVD...

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