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STATE v. McKAY

515 P.2d 183 (1973)

STATE of Oregon, Appellant, v. Kenneth Eldon McKay, Respondent.

Court of Appeals of Oregon.

Decided October 29, 1973.

Rehearing Denied December 6, 1973.

Review Denied January 22, 1974.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

N.G. Bhavnani, Portland, argued the cause for respondent. On the brief was Robert L. McKee, Portland.

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

FOLEY, Judge.

Defendant was convicted in district court of driving with more than .15 per cent alcohol in his blood, ORS 483.999, and appealed to circuit court. Prior to trial in the circuit court, he moved to suppress the result of the breath test administered to him on the ground that the chemist who tested the accuracy of the breathalyzer equipment as an employe of the State Board of Health had not been "certified" by the board to test the accuracy of breathalyzer...

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