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STATE v. DEMUS

TC94-12455; CA A86918.

919 P.2d 1182 (1996)

141 Or. App. 509

STATE of Oregon, Appellant, v. Marian DEMUS, Respondent.

Court of Appeals of Oregon.

Decided June 19, 1996.

Attorney(s) appearing for the Case

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

John Henry Hingson III, Oregon City, argued the cause and filed the brief for respondent.

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

LEESON, Justice.

The state appeals from a pretrial order granting defendant's motion to suppress field sobriety tests and all derivative evidence. We affirm.

We recite the facts as presented by testimony at the suppression hearing and as found by the trial court. Shortly before 2:30 a.m. on May 21, 1994, Officer Shellans saw defendant's car as it turned onto State Highway 26, a four-lane divided highway, and accelerated to highway speed going west in an eastbound...

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