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STATE v. HEMKIN

892104; CA A62153.

792 P.2d 483 (1990)

102 Or.App. 79

STATE of Oregon, Appellant, v. Bryan Lee HEMKIN, Respondent.

Court of Appeals of Oregon.

Decided June 6, 1990.

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.

Henry M. Silberblatt, Salem, argued the cause for respondent. With him on the brief was Sally L. Avera, Acting Public Defender, Salem.

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

RICHARDSON, Presiding Judge.

Defendant was charged with driving under the influence of intoxicants. ORS 813.010. Before trial, he moved to suppress evidence of the Intoxilyzer test that was administered after his arrest. The court granted the motion, because the administering officer failed to copy the test result onto the Intoxilyzer checklist. The state appeals, and we reverse.

The facts relevant to defendant's motion are not disputed. Defendant was given...

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