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STATE v. WHITEHEAD

92-60139; CA A76191.

855 P.2d 1149 (1993)

121 Or. App. 619

STATE of Oregon, Appellant, v. John Joseph WHITEHEAD, Respondent.

Court of Appeals of Oregon.

Decided July 14, 1993.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Richard L. Fredericks and Thorp, Dennett, Purdy, Golden & Jewett, P.C., filed the brief for respondent.

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

De MUNIZ, Judge.

Defendant was charged with driving under the influence of intoxicants (DUII). ORS 813.010. The state appeals a pretrial order suppressing statements made by defendant during the field sobriety tests. We reverse and remand.

At 1:40 a.m. on January 23, 1992, defendant was lawfully stopped by officer Zerzan. During that encounter, Zerzan reasonably suspected that defendant had committed the crime of DUII. Zerzan provided defendant with the warnings...

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