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STATE v. BARBER

No. CR0312321; A126890.

149 P.3d 260 (2006)

209 Or. App. 604

STATE of Oregon, Appellant, v. Donald Eugene BARBER, Respondent.

Court of Appeals of Oregon.

Decided December 13, 2006.

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 Mary H. Williams, Solicitor General.

William Uhle, Portland, argued the cause for respondent. On the brief was Ben Eder.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and WOLLHEIM, Judge.

BREWER, C.J.

Defendant was charged with driving under the influence of intoxicants (DUII), ORS 813.010, and driving while his license was suspended, ORS 811.182. The state appeals from a trial court order excluding evidence certifying the accuracy of the machine on which defendant performed a breath test.1 We reverse and remand.

There is no dispute about the facts on which the trial court based its order. As part of proving the...

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