STATE v. HANSON


528 P.2d 100 (1974)

STATE of Oregon, Appellant, v. Jack Duane HANSON, Respondent.

Court of Appeals of Oregon.

Decided November 18, 1974.

Rehearing Denied December 18, 1974.

Review Denied January 14, 1975.


Attorney(s) appearing for the Case

Rhidian M.M. Morgan, Asst. Atty. Gen., Salem, argues the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

S. David Eves, Corvallis, argued the cause for respondent. On the brief were Ringo, Walton, McClain & Eves, Corvallis.

Before SCHWAB, C.J., and LANGTRY and FORT, JJ.


LANGTRY, Judge.

In a district court jury trial defendant was found guilty of driving while under the influence of intoxicating liquor (ORS 483.992(2)) and of driving with .15 percent or more blood-alcohol content (ORS 483.999(1)). These convictions were then appealed to the circuit court where motions were made to suppress the results of the breathalyzer test relied upon by the state. The basis of the motions was, in effect, that the officer who made the arrest and...

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