On Appellant's Petition for Reconsideration October 21, 1992.
EDMONDS, Judge.
The state has petitioned for review of our decision that affirmed without opinion the trial court's order excluding from evidence the results of a Horizontal Gaze Nystagmus (HGN) test. State v. O'Key, 115 Or.App. 102, 835 P.2d 964 (1992). We treat the petition as one for reconsideration, ORAP 9.15(1), and allow it.
Defendant was charged with driving under the influence...
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