State v. Fugate

This is a criminal case in which defendant was charged with driving while under the influence of intoxicants (DUII). ORS 813.010. Defendant filed a pretrial motion to suppress any evidence of his impairment due to alcohol, arguing that any such evidence was obtained only because the arresting officer exceeded the permissible scope of the traffic stop that preceded defendant’s arrest. See ORS 810.410(3)(b) (1995) (limiting scope of traffic stop). The trial court granted defendant’s motion to suppress. On appeal, the state asserted, inter alia, that Oregon Laws 1997, chapter 313 (hereafter…