State v. Ashley

The state appeals from a pre-trial order suppressing the results of defendant’s breath test for blood alcohol. ORS 138.060(3). We affirm.

Early on the morning of September 4, 1993, state trooper Hoffman stopped defendant on his motorcycle. During the encounter, defendant admitted to Hoffman that he had consumed “a couple of beers.” Hoffman then asked defendant to perform some field sobriety tests, and he agreed to do so. Defendant performed the horizontal gaze nystagmus test and the walk and turn test. When asked to perform the one leg stand test, he refused and stated that “he thought he…