STATE v. DAVIDSON

86D104688; CA A42528.

746 P.2d 753 (1987)

88 Or.App. 615

STATE of Oregon, Appellant, v. Thomas Earl DAVIDSON, Respondent.

Court of Appeals of Oregon.

Decided December 9, 1987.


Attorney(s) appearing for the Case

Jens Schmidt, 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.

George E. Price, Salem, argued the cause and filed the brief for respondent.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.


NEWMAN, Judge.

In this DUII prosecution, the state challenges pretrial orders that suppressed the results of blood tests and dismissed the case. ORS 138.060(3). We reverse.

On the evening of February 23, 1986, defendant's vehicle struck and injured a pedestrian.1 After administering field sobriety tests, the police arrested defendant for driving under the influence of intoxicants. Officer Peterson took defendant to a hospital,...

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