State v. Rhodes

The state charged defendant with driving under the influence of intoxicants. ORS 813.010. The trial court granted his motion to suppress all evidence obtained after an officer discovered him slumped over in his vehicle. The state appeals, and we reverse.

At 1:55 a.m. on a Sunday, Officer Hughes noticed a vehicle in a parking spot on the street with its dome light on. It was parked at a slight angle, with the front end closer to the curb. As he got closer, the officer observed that defendant was inside, slumped toward the passenger side, that the engine was running and that the door was ajar…