State v. DeWhitt

Defendant appeals his conviction for driving while under the influence of intoxicants (DUII). Former ORS 487.540. He contends that the. trial court erred in denying his motion to suppress evidence of a breath test result and in entering a judgment of conviction. The issues are whether the arresting officer had probable cause to arrest defendant for DUII and, if so, whether the state was collaterally estopped from prosecuting him. We affirm.

At about six p.m. on December 27, 1984, Officer Calder investigated a two-car accident. He talked to witnesses at the scene, including Susan Trudeau, who,…