(1) Upon entry by the circuit court of an order or judgment:
(a) In a matter involving a violation, the order or judgment may be appealed as provided in ORS 138.057.
(b) In a matter involving a misdemeanor, the order or judgment may be appealed as provided in ORS 138.010 to 138.310.
(2) In any case in which only a violation or violations are charged, the state may not appeal from an order dismissing the case that is entered by reason of a police officer’s failure to appear at the trial on the matter if the police officer was timely provided with notice of the trial date.