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STATE v. SCOTT

90CR-538; CA A67883.

826 P.2d 71 (1992)

111 Or.App. 308

STATE of Oregon, Respondent, v. Martin David SCOTT, Appellant.

Court of Appeals of Oregon.

Decided February 12, 1992.

Attorney(s) appearing for the Case

Steven V. Humber, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

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

ROSSMAN, Judge.

Defendant appeals his convictions for driving while suspended, ORS 811.182, and driving while under the influence of intoxicants. ORS 813.010. He seeks suppression of his refusal to take a breath test and his performance on various field sobriety tests.

The facts are undisputed. State police officer Mazour stopped defendant's vehicle for a traffic infraction. When he approached defendant, who was driving, Mazour smelled a strong odor of alcohol...

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