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STATE v. NELSON

T20991C; CA A66847.

817 P.2d 1344 (1991)

109 Or.App. 97

STATE of Oregon, Appellant, v. Neil Edward NELSON, Respondent.

Court of Appeals of Oregon.

Decided October 2, 1991.

Attorney(s) appearing for the Case

Thomas H. Denney, 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.

Bruce A. Bass, Hillsboro, argued the cause, for respondent. With him on the brief, were Michael M. Watkins and Watkins & Bass, Hillsboro.

Before RICHARDSON, P.J., JOSEPH, C.J., and DEITS, J.

RICHARDSON, Presiding Judge.

Defendant was charged with driving under the influence of intoxicants. ORS 813.010. The court granted his pretrial motion to suppress evidence obtained after the car that he was driving was stopped. The court held that the facts known to the arresting officer did not support a reasonable suspicion that defendant was driving under the influence of intoxicants. The state appeals, ORS 138.060(3), and we reverse.

At about 2 a.m., Officer...

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