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STATE v. WOODRUFF

CR-5-0806-20; CA A38465.

726 P.2d 396 (1986)

81 Or. App. 484

STATE of Oregon, Appellant, v. Morris A. WOODRUFF, Respondent.

Court of Appeals of Oregon.

Decided October 8, 1986.

Reconsideration Denied November 21, 1986.

Review Denied December 16, 1986.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Thomas J. Crabtree, Bend, argued the cause for respondent. With him on the brief was Crabtree & Rahmsdorff, Bend.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

WARDEN, Presiding Judge.

Defendant was arrested for DUII while riding a bicycle on U.S. Highway 97. A breath test was administered. The trial court granted defendant's pretrial demurrer and motion to dismiss on the ground that bicyclists do not come under the DUII statute, former ORS 487.540.1 The trial court also granted defendant's pretrial motion to suppress the results of the breath...

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