State v. Spicer

The state appeals from a pretrial order suppressing the results of defendant’s field sobriety tests. ORS 138.060(3). Relying on State v. Fish, 321 Or 48, 893 P2d 1023 (1995), the trial court ruled that all of the tests performed by defendant were “testimonial” under Article I, section 12, 1 of the Oregon Constitution. We have since held otherwise. State v. Nielsen, 147 Or App 294, 936 P2d 374 (1997). Accordingly, we reverse and remand.

On December 17, 1994, a deputy sheriff stopped defendant’s vehicle after observing him speeding and drifting from lane to lane without signaling. On contacting…