State v. Berg

Defendant appeals from a conviction for driving under the influence of intoxicants (DUII). ORS 813.010. He assigns error to the trial court’s denial of his motion to suppress evidence. Based on defendant’s arguments below and here, we affirm.

On December 17, 1994, at 2:17 a.m., Dundee police officer Johnson stopped defendant for the traffic infraction of speed racing, ORS 811.125. When he encountered defendant, Johnson smelled a moderate odor of alcohol on defendant’s breath and noticed that his eyes were bloodshot. Based on those observations, Johnson asked defendant to get out of his car and…