STATE v. SMITH

No. M268984; CA A28187.

675 P.2d 510 (1984)

66 Or.App. 703

STATE of Oregon, Respondent, v. Donald Eugene SMITH, Appellant.

Court of Appeals of Oregon.

Decided January 25, 1984.


Attorney(s) appearing for the Case

Robert G. Thuemmel, Portland, argued the cause and filed the brief for appellant.

Stephen E. Peifer, Asst. Atty. General, 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.


WARREN, Judge.

Defendant appeals from his conviction for driving while under the influence of intoxicants. At trial, evidence was introduced that his breathalyzer test produced a blood alcohol reading of.23 percent.1 He contends that reversible error was committed by admitting in evidence two documents certifying that the breathalyzer equipment was in proper operating order,2 without requiring the individual...

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