State v. Weishar

GILLETTE, P. J.,

Pro Tempore

The state appeals an order suppressing evidence of the results of an intoxilyzer test given to defendant in connection with his arrest and prosecution for driving under the influence of intoxicants (DUII). Former ORS 487.540. We reverse.

On the morning of December 2, 1984, defendant, by flashing the headlights of his van, stopped a patrol car driven by Officer Adams of the Albany Police Department. Both cars pulled over to the side of the road, and the drivers got out. Adams said defendant “staggered” toward his car; he also noted what he believed to be other signs…