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STATE v. MILLER

1103246CR; A152279.

335 P.3d 355 (2014)

265 Or. App. 442

STATE of Oregon, Plaintiff-Respondent, v. Scott Francis MILLER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 10, 2014.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Elizabeth Daily , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Rebecca M. Auten , Assistant Attorney General, filed the brief for respondent.

Before ORTEGA, Presiding Judge, and DeVORE, Judge, and GARRETT, Judge.

DeVORE, J.

Defendant appeals his conviction for one count of driving under the influence of intoxicants (DUII) ORS 813.010. Defendant had moved to suppress evidence, contending that the arresting officer lacked probable cause to believe that defendant was driving under the influence at the time that the officer ordered defendant to participate in field sobriety tests. The trial court denied defendant's motion. We review for errors of law. State v. Koroteev,

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