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STATE v. DOWNING

No. 78-31225; CA 13086.

600 P.2d 897 (1979)

42 Or.App. 309

STATE of Oregon, Appellant, v. David DOWNING, Respondent.

Court of Appeals of Oregon.

Decided September 24, 1979.

Attorney(s) appearing for the Case

Charles D. Carlson, Certified Law Student, Eugene, argued the cause for appellant. With him on the brief were J. Pat Horton, Dist. Atty., and Greg Veralrud, Asst. Dist. Atty., Eugene.

Robert A. Smejkal, Eugene, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and TANZER and RICHARDSON, JJ.

RICHARDSON, Judge.

Defendant was charged with driving under the influence of intoxicants. His pretrial motion to suppress the results of a breathalyzer examination was granted, and the state appeals. We reverse.

The facts leading up to administration of the breathalyzer test are not in dispute. On September 24, 1978, at approximately 1:40 a.m., defendant was arrested for driving under the influence of intoxicants. At the scene of the arrest the officer told...

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