State v. Mesenbrink

*308WARREN, P. J.

Defendant was charged with driving under the influence of intoxicants and felony driving while suspended. ORS 813.010; ORS 811.175(1). The trial court granted defendant’s motion to suppress, and the state appeals. We reverse.

Shortly before midnight on June 10,1989, defendant was on his way home when his headlights stopped working. He pulled into a service station on the corner of 181st Ave. and Halsey St. in Gresham to try to have them repaired. The attendant noticed that defendant smelled of alcohol, his speech was slurred and he staggered. The attendant could not repair the…