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STATE v. MASSEY

No. L 105991; CA 19705.

634 P.2d 490 (1981)

54 Or.App. 192

STATE of Oregon, Appellant, v. Phillip A. MASSEY, Respondent.

Court of Appeals of Oregon.

Decided October 12, 1981.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Diane L. Alessi, Portland, argued the cause for respondent. With her on the brief was Ransom & Blackman, Portland.

Before BUTTLER, P.J., and WARDEN and WARREN, JJ.

BUTTLER, Presiding Judge.

In this proceeding charging defendant with driving while under the influence of intoxicants, ORS 487.540, the state appeals from an order of dismissal entered by the district court after the judge stated he would allow defendant's motion to suppress all evidence relating to defendant's refusal to submit to a breathalyzer test on the ground that ORS 487.805(4)1 permitting such evidence is unconstitutional. When...

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