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STATE v. BALDERSON

D9304698T; CA A82320.

910 P.2d 1138 (1996)

138 Or. App. 531

STATE of Oregon, Respondent, v. Diane Jamie BALDERSON, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted October 10, 1995.

Decided January 24, 1996.

Attorney(s) appearing for the Case

John Henry Hingson III, Oregon City, argued the cause and filed the brief for appellant.

Timothy A. Sylwester, Assistant Attorney General, argued the cause for respondent. On the brief were Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, Harrison Latto, Assistant Attorney General, and Richard J. Davies, Certified Law Student.

Resubmitted in banc October 10, 1995.

DEITS, Judge.

Defendant appeals her conviction by a jury for driving under the influence of intoxicants (DUII). ORS 813.010. She contends that the results of an Intoxilyzer test should have been suppressed because she regurgitated during the 15-minute pretest observation period. We affirm.

Tualatin police officer Manion arrested defendant for driving under the influence of intoxicants and brought her to the police...

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