RESNICK, J.
This is an appeal from the Oregon Municipal Court. Appellant, Denny Lemons, was arrested, tried, convicted, and sentenced accordingly for violating Oregon Municipal Code (OMC) Section 333.01(a)(3). This section of the OMC provides in relevant part:
"(a) Operation. No persons shall operate any vehicle within the municipality if any of the following apply:
"* * *
"(3) The person has a concentration of ten-hundredths (0.10) of one...
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