STATE v. KIMSEY

Z281878; CA A89321.

936 P.2d 1030 (1997)

147 Or. App. 456

STATE of Oregon, Appellant, v. Curtis Neil KIMSEY, Respondent.

Court of Appeals of Oregon.

Decided April 16, 1997.


Attorney(s) appearing for the Case

Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Jonathan H. Fussner, Assistant Attorney General, filed the brief for appellant.

Thomas C. Phelan filed the brief for respondent.

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


LANDAU, Judge.

The state appeals an order suppressing evidence of defendant's performance of a Horizontal Gaze Nystagmus (HGN) field sobriety test. We reverse and remand.

The facts are undisputed. Officer Robert Foesch observed defendant fail to stop his vehicle at a stop line early in the morning. He stopped defendant for the traffic infraction and asked to see defendant's driver's license. Foesch noticed that defendant's eyes were bloodshot and watery and...

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