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STATE v. ROSS

70201; CA A92592.

938 P.2d 797 (1997)

147 Or. App. 634

STATE of Oregon, Respondent, v. Michael John ROSS, Appellant.

Court of Appeals of Oregon.

Decided April 30, 1997.

Attorney(s) appearing for the Case

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

Timothy Sylwester, 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 WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.

EDMONDS, Judge.

Defendant appeals from his conviction for driving while under the influence of intoxicants (DUII). ORS 813.010(1).1 He assigns error to the admission of the arresting officer's testimony that his behavior was consistent with a .081 percent blood alcohol content (BAC) test result. We reverse.

After observing defendant's car traveling at 72 miles per hour in a 55-mile-per-hour zone, Officer Wilcox stopped the vehicle...

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