State v. Harrison

Defendant is charged with driving under the influence of intoxicants. ORS 813.010. The state appeals a pretrial order that suppressed all of defendant’s responses made after he was given the advice mandated by ORS 813.135 1 regarding field sobriety tests. ORS 138.060(3). We reverse.

In lieu of testimony by witnesses, the parties stipulated that the court could listen to a recording made by Trooper Zerzan at the time he contacted defendant. Zerzan approached defendant’s parked car after he saw defendant slumped behind the steering wheel. After informing defendant that their conversation was…