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  5. 753 P.2d 1373 (1988)
 

STATE v. DART

M360982, M454385, M823445, M824954, M815895, M743776, M830887, M829232, M460798, M765528; CA A44457-A44459, A44461-A44463, A44466-A44469; SC S34505.

753 P.2d 1373 (1988)

305 Or. 508

STATE of Oregon, Respondent On Review, v. Ronald Ray DART, Petitioner On Review. State of Oregon, Respondent On Review, v. KELLY JOE CUNNINGHAM, Petitioner On Review. State of Oregon, Respondent On Review, v. WILLIAM D. FUNDERBURGH, Petitioner On Review. State of Oregon, Respondent On Review, v. Irwin Harcourt Greenidge, Petitioner On Review. State of Oregon, Respondent On Review, v. JON LYNN GROSS, Petitioner On Review. State of Oregon, Respondent On Review, v. James Franklin Herrod, Jr., Petitioner On Review. State of Oregon, Respondent On Review, v. GREGORY WALLACE MURPHY, Petitioner On Review. State of Oregon, Respondent On Review, v. Alexander Peterson, Petitioner On Review. State of Oregon, Respondent On Review, v. CHRISTOPHER M. SMITH, Petitioner On Review. State of Oregon, Respondent On Review, v. Darcey Robert Visger, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided April 19, 1988.

Attorney(s) appearing for the Case

Michael E. Rose and Ann S. Christian, Portland, argued the cause and filed the petition for petitioners on review.

Timothy A. Sylwester, Asst. Atty. Gen., Salem, argued the cause for respondent on review. With him on the response to the petition for review were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

JONES, Justice.

We address the issue whether the results of breath tests to determine blood alcohol content (BAC) were properly excluded by the district court judge because the breath alcohol testing instruments allegedly were not properly certified according to state law. The trial court granted defendants' motions to suppress1 because the court concluded that the instruments were not properly certified. The Court of Appeals reversed...

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