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STATE v. LEINWEBER

A166148.

494 P.3d 973 (2021)

313 Or. App. 404

STATE of Oregon, Plaintiff-Respondent, v. Robert Martin LEINWEBER, Defendant-Appellant.

Court of Appeals of Oregon.

July 21, 2021.

Attorney(s) appearing for the Case

Mark Kimbrell, Deputy Public Defender, argued the cause for appellant. Also on the briefs was Ernest G. Lannet, Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Joanna L. Jenkins, Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Before Armstrong, Presiding Judge, and Tookey, Judge, and Aoyagi, Judge.

In this criminal appeal, defendant assigns error to the trial court's order denying his motion to suppress his breath alcohol test report, arguing that the officer failed to comply with OAR 257-030-0130. Among the requirements of the rule is that the operator of the breath test "is certain" and "remains certain" that the test subject...

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