SCHWAB, Chief Judge.
Defendant, while driving about 43 miles from Pendleton, ran into a bridge abutment. Defendant and all of his passengers, i.e., Mrs. McMurtry and three of her children, were injured. One of the children, Patrick McMurtry, aged 5, died the day of the accident.
Four days after the fatal accident defendant was issued a citation for driving with more than .15 percent blood alcohol, a misdemeanor under ORS 483.999(1). A little more than two...
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