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STATE v. LINDSTROM

No. 195494; CA 10756.

588 P.2d 44 (1978)

37 Or.App. 513

STATE of Oregon, Respondent, v. Donald Raymond LINDSTROM, Appellant.

Court of Appeals of Oregon.

Decided December 18, 1978.

Attorney(s) appearing for the Case

Jeffrey C. Jacobs, Oregon City, argued the cause and filed the brief, for appellant.

Jan P. Londahl, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., and GILLETTE and ROBERTS, JJ.

SCHWAB, Chief Judge.

Defendant appeals from a conviction of driving under the influence of intoxicants (DUII) which followed the trial court's denial of his motion to dismiss or, in the alternative, to suppress the results of a breathalyzer test administered after his arrest. Defendant argues that the test results were the ultimate fruits of a stop which was not lawful under ORS 131.615 and 131.605(4).

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