STATE v. HEIN


570 P.2d 82 (1977)

31 Or.App. 147

STATE of Oregon, Appellant, v. David G. HEIN, Respondent.

Court of Appeals of Oregon.

Decided October 17, 1977.


Attorney(s) appearing for the Case

James C. Rhodes, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen. and W. Michael Gillette, Sol. Gen., Salem.

Hal F. Coe, Klamath Falls, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and THORNTON and BUTTLER, JJ.


THORNTON, Judge.

The state appeals from a pretrial order of the district court granting defendant's motion to suppress all evidence of events which transpired after defendant was arrested for Driving while under the Influence of Intoxicants (DUII).

The sole issue presented is the validity of the above order.

The essential facts as disclosed by the testimony are as follows:

The defendant testified that on the evening in question he had consumed...

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