State v. Gilbertz

Defendant appeals his conviction, after a stipulated facts trial, of driving under the influence of intoxicants (DUII). ORS 813.010. Defendant argues that the trial court erred when it inferred that the police officer who stopped defendant held a subjective belief that defendant was driving under the influence. We affirm.

In November 1998, Officer Hart saw defendant driving east on Pacific Avenue in Forest Grove at 3:44 a.m. After noticing defendant’s car “drift over to the center broken line,” Hart followed defendant and observed a similar driving pattern four more times. Hart then turned on…