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STATE v. BAXTER

580 P.2d 203 (1978)

34 Or.App. 963

STATE of Oregon, Appellant, v. William Lee BAXTER, Respondent.

Court of Appeals of Oregon.

Decided June 20, 1978.

Attorney(s) appearing for the Case

Dan E. Neal, Asst. Dist. Atty., Eugene, argued the cause for appellant. With him on the brief were J. Pat Horton, Dist. Atty., and Daniel J. Barkovic, Certified Law Student, Eugene.

Scott M. Galenbeck, Springfield, argued the cause for respondent. With him on the brief was Lively & Wiswall, Springfield.

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

RICHARDSON, Judge.

The defendant was arrested for driving under the influence of intoxicants, ORS 487.540. In a pretrial hearing, on defendant's motion to suppress the results of a breathalyzer test administered to him, the court ruled the test results were not admissible. The ruling was based on the failure of the arresting officer to advise the defendant of the consequences of refusal under the Implied Consent Law. ORS 487.805; 482.540 to 482.560. The state appeals...

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