State v. Bickford

The state appeals a pretrial order suppressing evidence in the prosecution of defendant for driving under the influence of intoxicants (DUII). ORS 813.010. The state assigns error to the trial court’s finding that the officer lacked subjective probable cause to arrest defendant. Because the tried court’s finding was based on an incorrect legal standard, we reverse and remand.

On November 16,1996, Officer Maul cited defendant for driving under the influence of intoxicants (DUII). Defendant filed a motion to suppress any evidence regarding the field sobriety tests (FSTs) and the Intoxilyzer…