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STATE v. MADDUX

930075TC; CA A87834.

925 P.2d 124 (1996)

144 Or. App. 34

STATE of Oregon, Appellant, v. Mark Allen MADDUX, Respondent.

Court of Appeals of Oregon.

Decided October 9, 1996.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Assistant Attorney General, argued the cause for appellant. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Sally L. Avera, Public Defender, argued the cause and filed the brief for respondent.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.

De MUNIZ, Judge.

Defendant was arrested for driving while under the influence of intoxicants (DUII). ORS 813.010. Before trial, defendant moved to suppress the results of his field sobriety tests and all derivative evidence on the ground that both the initial stop and the scope of the officer's investigation were unlawful. The trial court denied that motion.1 After that decision, but before trial, the Oregon Supreme Court held that field...

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