STATE v. EISENBARTH

87-12157-C; CA A45765.

762 P.2d 343 (1988)

93 Or.App. 384

STATE of Oregon, Appellant, v. Clarence Victor EISENBARTH, Respondent.

Court of Appeals of Oregon.

Decided October 12, 1988.


Attorney(s) appearing for the Case

Michael C. Livingston, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

James A. Wickre, Medford, filed the brief for respondent.

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


ROSSMAN, Judge.

In this prosecution for driving under the influence of intoxicants, ORS 813.010, the state appeals the allowance of defendant's motion to suppress evidence. We reverse.

The trial court found the facts:

"Trooper Tow observed the car driven by the Defendant on North Pacific Highway in the area known as the `Big Y.' The officer indicated that the vehicle driven by the Defendant was going slower than the posted 35 mile per hour speed limit...

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