State v. Dubois

Defendant appeals his conviction in a stipulated facts trial for driving under the influence of intoxicants. ORS 487.540. He assigns error to the trial court’s denial of his motion to suppress evidence gained as a result of what he contends was an illegal stop.

Officer McHarry was driving his patrol car northbound on S.W. 170th in Beaverton at 2:34 a.m. on October 8, 1984. He saw a motorcycle driving south on the same street, heading toward him. Suddenly, the motorcycle pulled off the road, its headlight went off and the operator began to push it. The officer was concerned that there was a…