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STATE v. LUKE

88-3810; CA A61063.

802 P.2d 672 (1990)

104 Or.App. 541

STATE of Oregon, Respondent, v. Mark S. LUKE, Appellant.

Court of Appeals of Oregon.

Decided December 12, 1990.

Attorney(s) appearing for the Case

Kevin T. Lafky, Salem, argued the cause for appellant. With him on the brief was Lafky & Lafky, Salem.

Diane S. Lefkow, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., JOSEPH, C.J., and DeMUNIZ, J.

JOSEPH, Chief Judge.

Defendant appeals from his convictions for driving under the influence of intoxicants (DUII), ORS 813.010, and reckless driving. ORS 811.140. We reverse the reckless driving conviction and otherwise affirm.

On September 2, 1988, defendant drove from Salem to the coast on Highway 20 in a vehicle owned by his passenger, Rosgen. Schmidt, a sergeant in the Lincoln County Sheriff's office, was off...

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