STATE v. NICHOLS

D113550T; A151058.

345 P.3d 468 (2015)

269 Or. App. 429

STATE of Oregon, Plaintiff-Respondent, v. Burton Lee Asker NICHOLS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 4, 2015.


Attorney(s) appearing for the Case

Elizabeth G. Daily , Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Michael Seung Moak Shin , Senior Assistant Attorney General, argued the cause for respondent. On the brief were Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Jake J. Hogue , Assistant Attorney General.

Before ARMSTRONG, Presiding Judge, and EGAN, Judge, and DE MUNIZ, Senior Judge.


Defendant appeals his judgment of conviction for driving under the influence of intoxicants (DUII), ORS 813.010. He argues that the trial court erred in denying his motion to suppress evidence because the police officer who stopped him lacked reasonable suspicion that he was committing DUII and, hence, the officer violated Article...

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