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STATE v. KAPPEL

81424; A118678.

79 P.3d 368 (2003)

190 Or. App. 400

STATE of Oregon, Appellant, v. Monty KAPPEL, Respondent.

Court of Appeals of Oregon.

Decided November 13, 2003.

Attorney(s) appearing for the Case

Douglas F. Zier, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Paula Johnson Lawrence argued the cause for respondent. With her on the brief was Lawrence & Lawrence, P.C.

Before HASELTON, Presiding Judge, and DEITS, Chief Judge, and LINDER, Judge.

DEITS, C.J.

In this criminal appeal, the state challenges the trial court's order suppressing evidence obtained after defendant was arrested for driving while under the influence of intoxicants (DUII), ORS 813.010. The trial court granted defendant's motion to suppress on the ground that, although the arresting officer had probable cause to believe that defendant was intoxicated, he lacked probable cause to believe that defendant had driven a vehicle while intoxicated...

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