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STATE v. FAIN

CR21202; CA A81912.

888 P.2d 1052 (1995)

132 Or.App. 488

STATE of Oregon, Respondent, v. Benjamin Evelyn FAIN, III, Appellant.

Court of Appeals of Oregon.

Decided January 25, 1995.

Attorney(s) appearing for the Case

Alan H. Biedermann, Deputy Public Defender, argued the cause, for appellant. With him on the brief was Sally L. Avera, Public Defender.

David E. Leith, Asst. Atty. Gen., argued the cause, for respondent. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before RICHARDSON, C.J., and De MUNIZ and LEESON, JJ.

De MUNIZ, Judge.

Defendant appeals from his conviction for driving while under the influence of intoxicants (DUII). ORS 813.010. He claims that the court erred when it granted the state's motion to exclude the testimony of a defense expert. We review for abuse of discretion. See State v. Johanesen, 110 Or.App. 348, 351, 822 P.2d 154 (1991).

On May 19, 1992, Deputy Johnston clocked...

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