State v. Vantress

Defendant was charged with driving under the influence of intoxicants (DUII), ORS 813.010, reckless driving, ORS 811.140, and two counts of recklessly endangering another person, ORS 163.195. The state appeals an order granting defendant’s motion to suppress evidence resulting from defendant’s arrest. ORS 138.060(l)(c). We reverse and remand.

In December 2001, Deputy Matthew Kelly of the Tillamook County Sheriffs Office was dispatched to a two-car accident on the highway south of Tillamook. When Kelly arrived at the scene, fire department personnel directed him to defendant, indicating to him…