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STATE v. GOSS

(Z434548, Z484338; CA A100239)

984 P.2d 938 (1999)

161 Or. App. 243

STATE of Oregon, Respondent, v. Herbert Alan GOSS, Jr., Appellant.

Court of Appeals of Oregon.

Decided July 7, 1999.

Attorney(s) appearing for the Case

Kenneth E. Kahn II, Portland, 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 Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.

DEITS, C.J.

Defendant appeals his convictions for driving under the influence of intoxicants (DUII). ORS 813.010. He assigns error to the trial court's denial of his pretrial motions to suppress evidence of his refusal to perform field sobriety tests and of his refusal to take a breath test. We affirm.

The facts are undisputed. On May 18, 1997, Officer Higginbotham observed a small motor home drive through a red light at a Portland intersection. Higginbotham...

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