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STATE v. RUTHERFORD

(93-7038; CA A100453)

981 P.2d 386 (1999)

160 Or. App. 343

STATE of Oregon, Respondent, v. Kyle Vernon RUTHERFORD, Appellant.

Court of Appeals of Oregon.

Decided May 12, 1999.

Attorney(s) appearing for the Case

James N. Varner argued the cause for appellant. With him on the brief was David Groom, Public Defender.

Janet A. Klapstein, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before EDMONDS, Presiding Judge, and DEITS, Chief Judge, and ARMSTRONG, Judges.

ARMSTRONG, J.

Defendant appeals his conviction for driving under the influence of intoxicants (DUII) and assigns error to the trial court's denial of his motion to suppress the results of field sobriety tests and all evidence derived from them. Defendant argues that the officer who administered the tests did not determine that he had probable cause to arrest defendant for DUII before administering the tests and, as a consequence, that he lacked authority to administer...

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