City of Roseburg v. Dykstra

*319EDMONDS, J.

Defendant appeals from a conviction for driving while under the influence of intoxicants.1 ORS 813.010. He assigns error to the trial court’s denial of his motion to suppress the Intoxilyzer test result. We affirm.

At the hearing on the motion to suppress, counsel for the parties stipulated that the only facts relevant to the motion were that defendant was afforded an opportunity to consult with counsel before taking the test, but that counsel was not allowed to be present while the test was being performed. No witnesses or other evidence were adduced. Based on the stipulated facts,…