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STATE v. BICKFORD

Z397321; CA A97503.

970 P.2d 234 (1998)

157 Or. App. 386

STATE of Oregon, Appellant, v. Christopher Maynard BICKFORD, Respondent.

Court of Appeals of Oregon.

Decided November 25, 1998.

Attorney(s) appearing for the Case

Ann Kelley, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Kimi Nam, Deputy Public Defender, argued the cause for respondent. With her on the brief was Sally L. Avera, Public Defender.

Before De MUNIZ, P.J., and HASELTON and WOLLHEIM, JJ.

WOLLHEIM, J.

The state appeals a pretrial order suppressing evidence in the prosecution of defendant for driving under the influence of intoxicants (DUII). ORS 813.010. The state assigns error to the trial court's finding that the officer lacked subjective probable cause to arrest defendant. Because the trial court's finding was based on an incorrect legal standard, we reverse and remand.

On November 16, 1996, Officer Maul cited defendant for driving under...

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