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STATE v. FISH

TC90-11996; CA A67743.

839 P.2d 278 (1992)

115 Or. App. 609

STATE of Oregon, Appellant, v. Boyd Alan FISH, Respondent.

Court of Appeals of Oregon.

Decided October 21, 1992.

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.

John Henry Hingson III, Oregon City, argued the cause and filed the brief for respondent.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

ROSSMAN, Judge.

Defendant was charged with driving under the influence of intoxicants (DUII). ORS 813.010. The state appeals a pretrial order suppressing evidence of defendant's refusal to perform field sobriety tests.

At the suppression hearing, Deputy Sheriff Schwarz testified that he stopped defendant for DUII after defendant's vehicle swerved in front of his patrol car. After approaching defendant, he saw a can of beer on the floorboard, smelled alcohol...

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