STATE v. BERG

68840; CA A88601.

914 P.2d 1110 (1996)

140 Or. App. 388

STATE of Oregon, Respondent, v. Douglas R. BERG, Appellant.

Court of Appeals of Oregon.

Decided April 17, 1996.


Attorney(s) appearing for the Case

Jaye Wickham Taylor, Wilsonville, argued the cause and filed the brief for appellant.

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

Before RIGGS, P.J., and LANDAU and LEESON, JJ.


LEESON, Judge.

Defendant appeals from a conviction for driving under the influence of intoxicants (DUII). ORS 813.010. He assigns error to the trial court's denial of his motion to suppress evidence. Based on defendant's arguments below and here, we affirm.

On December 17, 1994, at 2:17 a.m., Dundee police officer Johnson stopped defendant for the traffic infraction of speed racing, ORS 811.125. When he encountered defendant, Johnson smelled a moderate odor...

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