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STATE v. SMITH

No. DU 7362; CA 11208.

589 P.2d 1158 (1979)

38 Or.App. 173

STATE of Oregon, Appellant, v. David Carl SMITH, Respondent.

Court of Appeals of Oregon.

Decided January 29, 1979.

Attorney(s) appearing for the Case

Catherine Allan, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Bernard B. Brink, Hillsboro, argued the cause for respondent. With him on the brief was Brink, Moore, Brink & Peterson, Hillsboro.

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

RICHARDSON, Judge.

The state appeals an order granting defendant's pretrial motion to dismiss a citation for driving while under the influence of intoxicants in violation of ORS 487.540. The issue on appeal is whether the state's inadvertent destruction of a videotape of defendant performing certain sobriety tests warranted a dismissal of the charge.

Defendant was stopped after a police officer observed his car veer off to the right several times within a...

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