State v. Goss

Defendant appeals his convictions for driving under the influence of intoxicants (DUII). ORS 813.010. He assigns error to the trial court’s denial of his pretrial motions to suppress evidence of his refusal to perform field sobriety tests and of his refusal to take a breath test. We affirm.

The facts are undisputed. On May 18, 1997, Officer Higginbotham observed a small motor home drive through a red light at a Portland intersection. Higginbotham activated his overhead lights and siren and pulled up behind the motor home, but the motor home continued for several blocks before it stopped behind…