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STATE v. WOODLEY

CRO-0357-16; CA A67389.

837 P.2d 562 (1992)

115 Or. App. 295

STATE of Oregon, Appellant, v. Mark Carlyle WOODLEY, Respondent.

Court of Appeals of Oregon.

Decided September 16, 1992.

Reconsideration Denied November 18, 1992.

Attorney(s) appearing for the Case

Jas. Adams, 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 P. Daugirda, Eugene, argued the cause for respondent. With him on the brief was Roost & Daugirda, Eugene.

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

PER CURIAM.

The state appeals an order, ORS 138.060(3), granting defendant's motion to suppress the results of field sobriety and breath tests in this driving under the influence of intoxicants case. We reverse and remand.

Officer Chapman, suspecting that defendant was driving under the influence of intoxicants, stopped him. The officer asked defendant to perform field sobriety tests, but did not warn him of the consequences of refusal. Defendant performed...

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