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STATE v. SPRUILL

No. 95-4481-C; CA A93798.

948 P.2d 726 (1997)

151 Or. App. 87

STATE of Oregon, Appellant, v. David SPRUILL, Respondent.

Court of Appeals of Oregon.

Decided October 22, 1997.

Attorney(s) appearing for the Case

Janet A. Klapstein, Assistant Attorney General, argued the cause for appellant. With her on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Hari Nam S. Khalsa, Deputy Public Defender, argued the cause for respondent. With him on the brief was Sally L. Avera, Public Defender.

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

ARMSTRONG, Judge.

Defendant was charged with driving under the influence of intoxicants (DUII). ORS 813.010. The state appeals an order granting defendant's motion to suppress evidence obtained by and resulting from defendant's performance of field sobriety tests. ORS 138.060(3). We reverse.

The following evidence was introduced at the hearing on defendant's motion to suppress: At approximately 1:00 a.m. on October 12, 1995, Ashland Police Officer Bailey stopped...

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