STATE v. LEACH

CR7-0271-34; CA A48095.

767 P.2d 463 (1989)

94 Or.App. 778

STATE of Oregon, Appellant, v. Martin LEACH, Respondent.

Court of Appeals of Oregon.

Decided January 18, 1989.


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.

No appearance for respondent.

Before GRABER, P.J., JOSEPH, C.J., and RIGGS, J.


PER CURIAM.

Defendant was arrested for driving under the influence of intoxicants, ORS 813.010, on April 25, 1987. He agreed to submit to a breath test, which was administered after he had been observed for only 12 minutes. The test indicated a blood alcohol level of .10 percent. Defendant asked that a second test be given. He was told that he need not submit to a second test but that the results could be used against him in court if the test were administered at...

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