State v. Jackson

In this prosecution for driving under the influence of intoxicants (DUII), ORS 813.010, the state appeals from the trial court’s order suppressing evidence obtained after a stop of defendant’s car. ORS 138.060(3). We review for errors of law, ORS 138.220, and reverse and remand.

On October 7, 1995, at approximately 12:35 a.m., Officer Merila of the Clatskanie Police Department received information from a passing motorist that a car was in a ditch alongside Highway 30. Merila drove eastbound along Highway 30 looking for the car. Four minutes later, Merila saw a car in the westbound lane driving…