State v. Spruill

Defendant was charged with driving under the influence of intoxicants (DUII). ORS 813.010. The state appeals an order granting defendant’s motion to suppress evidence obtained by and resulting from defendant’s performance of field sobriety tests. ORS 138.060(3). We reverse.

The following evidence was introduced at the hearing on defendant’s motion to suppress: At approximately 1:00 a.m. on October 12,1995, Ashland Police Officer Bailey stopped defendant because the license tags on his pickup truck had expired. When Bailey turned the overhead lights on her patrol car on, defendant immediately…