State v. Eisenbarth

In this prosecution for driving under the influence of intoxicants, ORS 813.010, the state appeals the allowance of defendant’s motion to suppress evidence. We reverse.

The trial court found the facts:

“Trooper Tow observed the car driven by the Defendant. on North Pacific Highway in the area known as the ‘Big Y.’ The officer indicated that the vehicle driven by the Defendant was going slower than the posted 35 mile per hour speed limit. Trooper Tow estimated that Mr. Eisenbarth’s speed was 20 to 25 miles per hour at this location. As the officer passed the Defendant the officer was able to get…