STATE v. SPENST

No. M2-2; CA A24211.

662 P.2d 5 (1983)

62 Or.App. 755

STATE of Oregon, Appellant, v. Norman L. SPENST, Respondent.

Court of Appeals of Oregon.

Decided April 27, 1983.

Reconsideration Denied June 10, 1983.


Attorney(s) appearing for the Case

Stephen L. Peifer, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Michael F. Najewicz, Salem, argued the cause and filed the brief for respondent.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


WARREN, Judge.

Defendant was charged with driving under the influence of intoxicants in violation of ORS 487.540. He moved to suppress certain statements he made, evidence of observations by the arresting officer and the results of sobriety tests performed by defendant on the ground that the officer's stop of defendant and subsequent inquiry were unlawful. The trial court granted the motion. The state appeals, and we reverse and remand.

The trial court incorporated...

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