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STATE v. FAULKNER

568 P.2d 714 (1977)

30 Or.App. 1027

STATE of Oregon, Appellant, v. Elmer R. FAULKNER, Respondent.

Court of Appeals of Oregon.

Decided September 19, 1977.

Attorney(s) appearing for the Case

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Solicitor Gen., Salem.

Robert S. Gardner, Corvallis, argued the cause for respondent. With him on the brief was Ringo, Walton & Eves, P.C., Corvallis.

Before SCHWAB, C.J., and RICHARDSON and JOHNSON, JJ.

RICHARDSON, Judge.

The state appeals an order dismissing a uniform traffic complaint charging the defendant with the crime of Driving Under the Influence of Intoxicants, ORS 487.540. By the operation of ORS 484.365, the offense charged was a Class A misdemeanor.

Defendant was charged with the same offense in a prior traffic complaint. Prior to trial on the first complaint defendant moved to suppress the results of a breathalyzer examination given by the arresting...

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