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STATE v. WEISHAR

8412 2417c; CA A35899.

717 P.2d 231 (1986)

78 Or.App. 468

STATE of Oregon, Appellant, v. Phillip David WEISHAR, Respondent.

Court of Appeals of Oregon.

Decided April 9, 1986.

Attorney(s) appearing for the Case

Terry Ann Leggert, Asst. Atty. Gen., Salem, argued the cause, for appellant. With her on brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Douglas W. Moore, Albany, argued the cause and filed brief, for respondent.

Before GILLETTE, P.J., Pro Tem., and VAN HOOMISSEN and YOUNG, JJ.

GILLETTE, Presiding Judge Pro Tem.

The state appeals an order suppressing evidence of the results of an intoxilyzer test given to defendant in connection with his arrest and prosecution for driving under the influence of intoxicants (DUII). Former ORS 487.540.1 We reverse.

On the morning of December 2, 1984, defendant, by flashing the headlights of his van, stopped a patrol car driven by Officer Adams of the Albany Police...

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