STATE v. SCHAFF

9905145A; A108960.

57 P.3d 907 (2002)

185 Or.App. 61

STATE of Oregon, Appellant, v. William Paul SCHAFF, Respondent.

Court of Appeals of Oregon.

Decided November 13, 2002.


Attorney(s) appearing for the Case

Janet A. Klapstein, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Rebecca A. Duncan, Deputy Public Defender, argued the cause for respondent. With her on the brief was David E. Groom, Acting Executive Director, Office of Public Defense Services.

Before HASELTON, Presiding Judge, and LINDER and WOLLHEIM, Judges.


WOLLHEIM, J.

Defendant was charged with driving under the influence of intoxicants (DUII), ORS 813.010, and possession of less than an ounce of marijuana, ORS 475.992. The trial court granted defendant's motion to suppress the results of his breath test. The state appeals and assigns error to the trial court's order. We reverse and remand.

In July 1998, defendant was stopped for speeding on the Burns Paiute Indian Reservation by Zacarias, an officer of the...

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