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STATE v. SWEENEY

CR 86-0117; CA A44497.

745 P.2d 439 (1987)

88 Or.App. 358

STATE of Oregon, Appellant, v. Robert Lee SWEENEY, Respondent.

Court of Appeals of Oregon.

Decided November 18, 1987.

Reconsideration Denied December 31, 1987.

Review Denied January 20, 1988.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Henry Silberblatt, Attorney at Law, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

YOUNG, Judge.

The state appeals from an order dismissing this DUII case. The order was entered after the court suppressed the results of an Intoxilyzer test on the ground that the evidence card was not signed by the Intoxilyzer operator. We reverse.

Officers Walker and Zaugg arrested defendant for driving under the influence of intoxicants. Defendant consented to an Intoxilyzer test. Both officers are certified to administer the test. While Zaugg observed...

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