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STATE v. TYNON

96-823-C; CA A95383.

955 P.2d 250 (1998)

152 Or. App. 693

STATE of Oregon, Appellant, v. Rickey D. TYNON, Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted January 13, 1998.

Decided February 25, 1998.

Attorney(s) appearing for the Case

Rolf C. Moan, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Clayton C. Patrick, Salem, argued the cause and filed the brief for respondent.

Resubmitted in banc January 13, 1998.

EDMONDS, Judge.

This case is an appeal by the state because the trial court excluded evidence of an Intoxilyzer test result in a prosecution for driving while under the influence after the trial court ruled that the pre-test observation period, as required by OAR 257-030-0070(2)(a),1 was not met. We reverse.

At the hearing on the motion to...

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