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STATE v. MESENBRINK

C89-06-33124; CA A62831.

807 P.2d 319 (1991)

106 Or. App. 306

STATE of Oregon, Appellant, v. Michael V. MESENBRINK, Respondent.

Court of Appeals of Oregon.

Decided March 13, 1991.

Attorney(s) appearing for the Case

Katherine H. Waldo, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Vernon Cook, Gresham, argued the cause and filed the brief for respondent.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

WARREN, Presiding Judge.

Defendant was charged with driving under the influence of intoxicants and felony driving while suspended. ORS 813.010; ORS 811.175(1). The trial court granted defendant's motion to suppress, and the state appeals. We reverse.

Shortly before midnight on June 10, 1989, defendant was on his way home when his headlights stopped working. He pulled into a service station on the corner of 181st Ave. and Halsey St. in Gresham to try to have...

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