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Oregon v. Zimmerman

June 18, 1973

STATE OF OREGON, RESPONDENT,
v.
DELBERT KENNETH ZIMMERMAN, APPELLANT



Appeal from Circuit Court, Multnomah County. Alan F. Davis, Judge. No. C-72-01-0181.

Oscar D. Howlett, Portland, filed the brief for appellant.

John H. Clough, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General, and John W. Osburn, Solicitor General, Salem.

Langtry, Judge. Schwab, Chief Judge, and Foley, Judge.

Langtry

Defendant appeals from jury conviction in circuit court of driving while under the influence of intoxicating liquor. ORS 483.992. He had appealed to the circuit court from jury conviction for the same offense in district court.

The material assignment of error he makes is that there was not competent proof concerning the training of the police officer who gave him a breathalyzer test, the results of which were received in evidence, with reference to methods in which he was schooled and to equipment he had knowledge to use.

ORS 483.644 (1) and (2) (e) provide:

"(1) Chemical analyses of the person's breath, blood, urine or saliva, to be valid under ORS 483.642, shall be performed according to methods approved by the State Board of Health and by an individual possessing a valid permit to perform such analyses issued by the State Board of Health.

"(2) The State Board of Health shall:

"* * *

"(e) Issue permits to individuals according to their qualifications. Permits shall be issued to police officers only upon satisfactory completion

of the prescribed training course and written examination and the permit shall state the methods and equipment which the police officer is ...


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