Legal Opinion

State v. Balderson

Court of Appeals of Oregon

Decided January 24, 1996No. D9304698T; CA A82320PublishedCited by 12 opinions

1Opinion of the Court

*533DEITS, J.

Defendant appeals her conviction by a jury for driving under the influence of intoxicants (DUII). ORS 813.010. She contends that the results of an Intoxilyzer test should have been suppressed because she regurgitated during the 15-minute pretest observation period. We affirm.

Tualatin Police Officer Manion arrested defendant for driving under the influence of intoxicants and brought her to the police station for an Intoxilyzer test. Before administering the test, Manion watched defendant for 15 minutes, as required by the administrative rules, and did not observe any signs that she…

2Cases cited13 opinions

  1. State v. O'KeyOregon Supreme Court · 1995
  2. Gildroy v. Motor Vehicles DivisionOregon Supreme Court · 1993
  3. State v. KacalekCourt of Appeals of Oregon · 1978
  4. State v. HansonCourt of Appeals of Oregon · 1974
  5. State v. McVayCourt of Appeals of Oregon · 1987

8 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. State v. GardnerNew Mexico Court of Appeals · 1998
  2. Buchholz v. North Dakota Department of TransportationNorth Dakota Supreme Court · 2002
  3. State v. TynonCourt of Appeals of Oregon · 1998
  4. State v. WestCourt of Appeals of Oregon · 2012
  5. State v. SnuggerudCourt of Appeals of Oregon · 1998

7 more not listed; retrieve them via the Exa API.

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