STATE v. PALOMINO

No. 78-3889 T; CA 11658.

587 P.2d 107 (1978)

37 Or.App. 309

STATE of Oregon, Respondent, v. Guadalupe Padilla PALOMINO, Appellant.

Court of Appeals of Oregon.

Decided December 4, 1978.


Attorney(s) appearing for the Case

Neal G. Buchanan, Klamath Falls, filed brief, for appellant.

James A. Redden, Atty. Gen., Walter L. Barrie, Sol. Gen. and Donald L. Paillette, Asst. Atty. Gen., Salem, filed brief, for respondent.

Before SCHWAB, C.J., and LEE, RICHARDSON, and JOSEPH, JJ.


RICHARDSON, Judge.

Defendant appeals his conviction of Driving While Under the Influence of Intoxicants, in violation of ORS 487.540.

Defendant was arrested for the offense on March 8, 1978. At that time he was given a breathalyzer test which recorded his blood alcohol level to be .15 of one percent. Prior to trial he moved to suppress the results of the breathalyzer test on the ground that on March 21, 1978, thirteen days after the test was administered,...

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