State v. Hervey

Defendant appeals his conviction for driving while under the influence of intoxicants. ORS 487.540. He contends that the trial court erred in denying his motion to suppress evidence of statements he made to the arresting officer, in refusing to allow the testimony of a defense witness and in refusing to admit a defense exhibit. We affirm.

We take the facts from the pretrial hearing on defendant’s motion to suppress. Officer Luher testified that he stopped defendant’s car after observing it weave back and forth over the center line. He smelled a strong odor of alcohol on defendant’s breath. He…