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STATE v. SCHOTT

M726198; CA A46618.

760 P.2d 1342 (1988)

93 Or.App. 32

STATE of Oregon, Respondent, v. Gary Dwight SCHOTT, Appellant.

Court of Appeals of Oregon.

Decided September 7, 1988.

Attorney(s) appearing for the Case

Michael E. Rose, Portland, argued the cause and filed the brief for appellant.

Timothy Sylwester, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Asst. Atty. Gen., Salem.

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

GRABER, Judge.

Defendant was arrested for driving under the influence of intoxicants. ORS 813.010. After his arrest, he took a breath test on a Model 4011A Intoxilyzer. He moved to exclude the results of the test on the ground that it "was not performed in accordance with procedures mandated by the applicable Oregon Revised Statutes and the Oregon Administrative Rules." The trial court denied the motion and, after a trial to the court, entered a judgment of conviction...

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