STATE v. GILMOUR

TM93-1515; CA A83354.

901 P.2d 894 (1995)

136 Or. App. 294

STATE of Oregon, Appellant, v. David N. GILMOUR, Respondent.

Court of Appeals of Oregon.

Decided September 6, 1995.


Attorney(s) appearing for the Case

Stephanie S. Andrus, Assistant Attorney General, argued the cause for appellant. With her on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Chris W. Dunfield, Corvallis, argued the cause and filed the brief for respondent.

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


RIGGS, Presiding Judge.

The state appeals from a pretrial order granting defendant's motion to suppress the results of a breath test. The issue is whether the arresting officer had probable cause to arrest defendant for driving under the influence of intoxicants (DUII), ORS 813.010. We hold that he did, and reverse.

Shortly before 2:00 a.m. on October 17, 1993, officer Bressler was stopped at the intersection of Park and 3rd Street1

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