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STATE v. GAINER

82-2075-K; CA A29805.

689 P.2d 323 (1984)

70 Or.App. 199

STATE of Oregon, Respondent, v. Alta Mae GAINER, Appellant.

Court of Appeals of Oregon.

Decided October 10, 1984.

Attorney(s) appearing for the Case

Thomas W. Swint, Grants Pass, argued the cause for appellant. With him on the brief was Douglas A. McKean, Grants Pass.

Roy Pulvers, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

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

BUTTLER, Presiding Judge.

Defendant appeals her conviction for driving while under the influence of intoxicants, contending that the trial court erred in denying her pretrial motion to suppress certain statements made by her at the scene of the investigation and before she was advised of her Miranda rights. She also contends that former ORS 487.540(1)(a), making it unlawful for a person with a .10 percent blood-alcohol reading to drive, is unconstitutionally...

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