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STATE v. DeWHITT

M 502 427; CA A38611.

727 P.2d 151 (1986)

82 Or. App. 55

STATE of Oregon, Respondent, v. Dana B. DeWHITT, Appellant.

Court of Appeals of Oregon.

Decided October 29, 1986.

Attorney(s) appearing for the Case

David K. Allen, Portland, argued the cause and filed the brief for appellant.

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

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

VAN HOOMISSEN, Judge.

Defendant appeals his conviction for driving while under the influence of intoxicants (DUII). Former ORS 487.540.1 He contends that the trial court erred in denying his motion to suppress evidence of a breath test result and in entering a judgment of conviction. The issues are whether the arresting officer had probable cause to arrest defendant for DUII and, if so, whether the state was collaterally estopped...

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