STATE v. JACOBS

P114735; CA A65723.

819 P.2d 766 (1991)

109 Or.App. 444

STATE of Oregon, Respondent, v. Scott Douglas JACOBS, Appellant.

Court of Appeals of Oregon.

Decided October 30, 1991.


Attorney(s) appearing for the Case

Mary M. Reese, Salem, argued the cause for appellant. With her on the brief was Sally L. Avera, Public Defender, Salem.

Kaye E. Sunderland, 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., and ROSSMAN and DE MUNIZ, JJ.


ROSSMAN, Judge.

Defendant appeals his conviction for driving under the influence of intoxicants (DUII). ORS 813.010. The issue is whether the trial court erred when it allowed an officer to testify about what defendant's blood alcohol reading would have been, had he taken the breath test. We reverse and remand for a new trial.

After observing defendant travelling at approximately 55 miles per hour in a 25-mile-per-hour zone, Officer Lankins stopped...

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