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STATE v. VANTRESS

01-7172; A118336.

96 P.3d 867 (2004)

195 Or.App. 52

STATE of Oregon, Appellant, v. Jack Benjamine VANTRESS, Respondent.

Court of Appeals of Oregon.

Decided September 1, 2004.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Assistant Attorney General, argued the cause for appellant. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Andy Simrin, Salem, argued the cause and filed the brief for respondent.

Before EDMONDS, Presiding Judge, and WOLLHEIM and SCHUMAN, Judges.

EDMONDS, P.J.

Defendant was charged with driving under the influence of intoxicants (DUII), ORS 813.010, reckless driving, ORS 811.140, and two counts of recklessly endangering another person, ORS 163.195. The state appeals an order granting defendant's motion to suppress evidence resulting from defendant's arrest. ORS 138.060(1)(c). We reverse and remand.

In December 2001, Deputy Matthew Kelly of the Tillamook County Sheriff's Office was dispatched to a two...

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