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STATE v. FISKEN

930725M; CA A85503.

909 P.2d 206 (1996)

138 Or. App. 396

STATE of Oregon, Respondent, v. David Leonard FISKEN, Appellant.

Court of Appeals of Oregon.

Decided January 3, 1996.

Attorney(s) appearing for the Case

Andy Simrin, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

Jonathan A. Fussner, Assistant Attorney General, argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.

RIGGS, Presiding Judge.

Defendant appeals his conviction for driving under the influence of intoxicants (DUII). ORS 813.010. The issue is whether the trial court erred in allowing testimony as to the numeric value of defendant's blood alcohol level, as indicated by the Horizontal Gaze Nystagmus (HGN) test. We reverse and remand for a new trial.

On May 8, 1993, Oregon State Police Trooper Snook was patrolling Interstate 5 when he observed defendant's vehicle...

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