STATE v. BURSHIA

C00-08-50188; A122790.

120 P.3d 487 (2005)

201 Or. App. 678

STATE of Oregon, Appellant, v. Christina Lorrain BURSHIA, Respondent.

Court of Appeals of Oregon.

Decided September 28, 2005.


Attorney(s) appearing for the Case

Joanna L. Jenkins, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Joshua B. Crowther, Deputy Public Defender, argued the cause for respondent. With him on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

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


WOLLHEIM, J.

Defendant was charged with driving under the influence of intoxicants. ORS 813.010(1)(b). The state appeals from the trial court's order suppressing evidence of defendant's blood alcohol content (BAC) analysis, based on a lack of probable cause. ORS 138.060(1)(c). Because the trial court suppressed the evidence of defendant's BAC, it also suppressed the results from the Drug Recognition Expert (DRE) protocol. The state argues that there was ample evidence...

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