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STATE v. CRESON

576 P.2d 814 (1978)

33 Or.App. 369

STATE of Oregon, Appellant, v. Lyle Dean CRESON, Respondent.

Court of Appeals of Oregon.

Decided April 3, 1978.

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 Al J. Laue, Sol. Gen., Salem.

Ronald L. Marek, Corvallis, argued the cause for respondent. With him on the brief was Evashevski & Marek, Corvallis.

Before TANZER, P.J., and JOHNSON and ROBERTS, JJ.

TANZER, Presiding Judge.

Defendant was charged with the traffic crime of driving while under the influence of intoxicants, ORS 487.540. The court granted defendant's motion to suppress the results of a breathalyzer test on the ground that the officer had failed to inform him fully of his rights after he had initially refused to take the test. The state appeals.

The state accepts the facts in defendant's affidavit: The defendant was arrested for

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