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CITY OF ROSEBURG v. DYKSTRA

91CRO320MI; CA A73494.

854 P.2d 985 (1993)

121 Or. App. 317

CITY OF ROSEBURG, Respondent, v. Vern George DYKSTRA, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted March 10, 1993.

Decided June 23, 1993.

Reconsideration Denied August 18, 1993.

Review Denied September 21, 1993.

Attorney(s) appearing for the Case

Fred H. Bernau, Roseburg, argued the cause and filed the brief for appellant.

Inge D. White, Roseburg, argued the cause for respondent. With her on the brief was Dole, Coalwell & Clark, P.C., Roseburg.

Resubmitted In Banc March 10, 1993.

EDMONDS, Judge.

Defendant appeals from a conviction for driving while under the influence of intoxicants.1 ORS 813.010. He assigns error to the trial court's denial of his motion to suppress the intoxilyzer test result. We affirm.

At the hearing on the motion to suppress, counsel for the parties stipulated that the only facts relevant to the motion were that defendant was afforded an...

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