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STATE v. OLSON

C 7407; CA A43882.

744 P.2d 1327 (1987)

88 Or.App. 271

STATE of Oregon, Appellant, v. Alan Leroy OLSON, Respondent.

Court of Appeals of Oregon.

Decided November 12, 1987.

Attorney(s) appearing for the Case

Thomas H. Denney, 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.

David Brian Williamson, St. Helens, argued the cause for respondent. With him on the brief was Williamsons & Hunnicutt, St. Helens.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

Defendant was charged with driving while under the influence of intoxicants. ORS 813.010. The state appeals from an order granting defendant's pretrial motion to exclude evidence of the Intoxilyzer test results on the basis that the administering officer failed to "complete" the operator's checklist as required by ORS 813.160 and OAR 257-30-020(1)(a).1 The only question before us is whether the officer's failure to mark...

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