State v. Dolan

This case come to us on remand from the Oregon Supreme Court for reconsideration in light of State v. Fugate, 332 Or 195, 26 P3d 802 (2001). On reconsideration, we adhere to our original decision reversing the trial court’s order suppressing evidence of defendant’s intoxication and remanding for further proceedings.

We take the facts from our prior decision:

“In October 1995, Officer Mason observed defendant’s vehicle traveling 40 miles per hour in a 25 miles per hour zone. The officer also saw the vehicle cross the center line, then weave back into its own lane. As a result of the two traffic…