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STATE v. JUBIE

(75437; CA A103373)

986 P.2d 622 (1999)

162 Or. App. 349

STATE of Oregon, Appellant, v. Brian JUBIE, Respondent.

Court of Appeals of Oregon.

Decided August 25, 1999.

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 Michael D. Reynolds, Solicitor General.

Paula J. Lawrence argued the cause for respondent. With her on the brief was Lawrence & Houser, P.C.

Before EDMONDS, Presiding Judge, DEITS, Chief Judge, and ARMSTRONG, Judge.

EDMONDS, P.J.

The State of Oregon appeals from a pretrial order suppressing evidence of defendant's Intoxilyzer test result in this prosecution for driving under the influence. ORS 138.060(3). We reverse and remand for reconsideration.

This case involves a situation where the operator of the test relied on another officer to perform the 15-minute observation period before the test was administered. The trial court ruled that the requirement of OAR 257-030...

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