STATE v. McCONNVILLE

No. 82-60837; CA A27791.

679 P.2d 1373 (1984)

67 Or.App. 601

STATE of Oregon, Appellant, v. Kevin Patrick McConnville, Respondent.

Court of Appeals of Oregon.

Decided April 11, 1984.


Attorney(s) appearing for the Case

Robert E. Barton, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Deputy Sol. Gen., Salem.

Robert C. Homan, Eugene, argued the cause for respondent. On the brief were Robert N. Peters, Asst. Public Defender, and Robert J. Larson, Director, Public Defender Services of Lane County, Inc., Eugene.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


BUTTLER, Presiding Judge.

The state appeals from a pretrial order suppressing evidence of defendant's performance on six field sobriety tests and the tape-recorded statements made by him prior to his arrest for driving while under the influence of intoxicants. We reverse and remand for further proceedings.

On June 11, 1982, at approximately 1 a.m., a police officer observed a vehicle weaving and crossing over the center line of the highway as it approached...

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