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STATE v. HILDITCH

No. M-78-33; CA 10638.

584 P.2d 376 (1978)

36 Or.App. 497

STATE of Oregon, Appellant, v. Daniel HILDITCH, Respondent.

Court of Appeals of Oregon.

Decided October 3, 1978.

Attorney(s) appearing for the Case

William F. Nessly, Jr., Asst. Atty. Gen., Salem, argued the cause for the appellant. With him on the brief was James A. Redden, Atty. Gen. and Al J. Laue, Sol. Gen., Salem.

Melvin E. Smith, Roseburg, argued the cause for respondent. With him on the brief was Geddes, Walton, Richmond, Nilsen & Smith, Roseburg.

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

JOHNSON, Judge.

Defendant was charged with driving while under the influence of intoxicants, ORS 487.540. Prior to trial, he moved to suppress the results of a breathalyzer test administered to him by the police following his arrest on the ground that he was not given a reasonable opportunity to obtain an independent chemical test of his blood as required by ORS 487.810, which provides in pertinent part:

"In addition to a chemical test of the breath, blood...

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