State v. Denny

Defendant was charged with driving under the influence of intoxicants (DUII). ORS 813.010. The state appeals a pretrial order suppressing all evidence obtained by a state police officer after he asked defendant to step out of his car. The trial court concluded that the officer’s request that defendant step out of his car violated ORS 810.410(3)(b), as construed in State v. Dominguez-Martinez, 321 Or 206, 895 P2d 306 (1995), and granted defendant’s motion to suppress. The state argues, inter alia, that even if Dominguez-Martinez would otherwise compel suppression, ORS 136.432 (section 1 of…