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STATE v. LIEBRECHT

CR2-0211-34, CA A75817.

853 P.2d 1322 (1993)

120 Or. App. 617

STATE of Oregon, Appellant, v. David LIEBRECHT, Respondent.

Court of Appeals of Oregon.

Decided June 2, 1993.

Reconsideration Denied July 28, 1993.

Review Denied September 21, 1993.

Attorney(s) appearing for the Case

Youlee Yim You, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

James Patrick McHugh, Jr., Oregon City, argued the cause and filed the brief for respondent.

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

PER CURIAM.

Defendant was charged with driving while under the influence of intoxicants, ORS 813.010. The state appeals an order granting defendant's pretrial motion to suppress evidence. We reverse and remand.

On March 22, 1992, defendant was stopped for speeding. He had a passenger in his car. During the stop, the officer noticed a "very distinct odor of alcoholic beverage" emanating from the car. When asked, defendant admitted to drinking two or three beers...

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