State v. Lindstrom

Defendant appeals from a conviction of driving under the influence of intoxicants (DUII) which followed the trial court’s denial of his motion to dismiss or, in the alternative, to suppress the results of a breathalyzer test administered after his arrest. Defendant argues that the test results were the ultimate fruits of a stop which was not lawful under ORS 131.615 and 131.605(4).

The following events led to defendant’s arrest. A man flagged down a police officer during an early morning patrol and reported that the operator of a yellow Ford pickup truck had been driving recklessly and had…