updated May 8, 2013
This is a pending case. The City appealed the Court's decision and it is now before Oregon's Court of Appeals. As is my practice in all pending cases, I will not comment further.
As to the basic question "Why pursue the matter?" my answer remains:
Drivers who are under the influence of alcohol and/or drugs can destroy lives. They can irrevocably change not just the lives of the innocent drivers and passengers who meet the impaired driver on the road, but also their families and friends. My office, along with every other compassionate, ethical district attorney's office and the judges with which they work, takes DUII cases very, very seriously. The latest response by the City is just one more in a continuing line of responses that make it distressingly clear why it was so very important that these cases be removed from a court system that makes determinations based on personalities and emotion, not law and ethics.
There is much in the public record. The Daily Astorian has a section dedicated to all things DUII including this case.
Here are some links (others to come):
May 24, 2013: Reply Brief & Answering Brief on Cross-Appeal by the City
April 23, 2013: Response from Marquis/AG
February 6, 2013: Appeal by the City
The Daily Astorian section
[More documents to come]
[More Hot Topics to come]