STATE v. McCLARY

No. 80-21205; CA A23726.

651 P.2d 145 (1982)

59 Or.App. 553

STATE of Oregon, Appellant, v. Pamela Rae McClary, Respondent.

Court of Appeals of Oregon.

Decided September 29, 1982.


Attorney(s) appearing for the Case

Robert E. Barton, Asst. Atty. Gen., Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem, filed the brief for appellant.

No appearance by respondent.

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


ROSSMAN, Judge.

The state appeals a pretrial order of the district court suppressing evidence of the results of a breathalyzer test in a driving under the influence of intoxicants case. The accuracy of the particular Intoxilyzer used and the officer's qualifications to operate it are not challenged. The only issue is whether the officer properly conducted the test. We reverse and remand.

In administering the test, the officer followed all of the steps delineated...

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