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STATE v. HEDGPETH

(CC 14CR1014) (SC S065921).

452 P.3d 948 (2019)

365 Or. 724

STATE of Oregon, Petitioner on Review, v. John Charles HEDGPETH, Respondent on Review.

Supreme Court of Oregon.

November 21, 2019.

Attorney(s) appearing for the Case

Paul L. Smith, Deputy Solicitor General, Salem, argued the cause and filed the briefs for petitioner on review. Also on the briefs were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Emily P. Seltzer, Deputy Public Defender, Office of Public Defense Services, Salem, argued the cause and filed the brief for the respondent on review. Also on the brief was Ernest G. Lannet, Chief Deputy Defender.

Before Walters, Chief Justice, and Balmer, Nakamoto, Flynn, Duncan, and Nelson, Justices, and Baldwin, Senior Justice pro tempore.

This case arises out of defendant's challenge to his conviction for driving under the influence of intoxicants (DUII) by driving with a blood alcohol concentration (BAC) of at least .08 percent. The record consisted solely of evidence that a breathalyzer test measured defendant's BAC as .09 percent nearly two hours after he drove and that...

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