State v. Chiodo, 722 P.2d 58 (Or. Ct. App. 1986). · Go Syfert
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State v. Chiodo, 722 P.2d 58 (Or. Ct. App. 1986). Cases Citing This Book View Copy Cite
3 citation events across 1 distinct court.
Strongest positive: State v. Reed (orctapp, 1987-01-28)
Top citers, strongest first. 1 distinct citer. How cited ↗
examined Cited "see" State v. Reed (3×)
Or. Ct. App. · 1987 · signal: see · confidence high
See State v. Brown, supra, 297 Or at 417 and n 5. 4 In State v. Chiodo, 80 Or App 453 , 722 P2d 58 , rev den 302 Or 461 (1986), defendant raised, by pretrial motion to exclude evidence, the admissibility of the HGN test.
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STATE OF OREGON
v.
DARCY R. CHIODO
M413166; CA A38138.
Court of Appeals of Oregon.
Jul 23, 1986.
722 P.2d 58
1986 Ore. App. LEXIS 3138
✓ 302 Or. 461
Darcia Krause, Portland, argued the cause and filed the brief for appellant., Thomas H. Denney, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and James E. Mountain, Jr., Solicitor General, Salem.
Buttler, Richardson, Rossman.
Cited by 1 opinion  |  Published
PER CURIAM

Defendant appeals her conviction for driving under the influence of intoxicants, contending only that her motion to exclude any and all evidence concerning the “gaze nystagmus” test administered by a police officer at the scene of the stop should have been granted. That test was one of several that defendant was asked to perform and, because we conclude that the state was entitled to put on evidence of all of those tests, the motion was properly denied.

Whether the officer should have been permitted to testify that in every case when he had arrested a person based on the “gaze nystagmus” test and that person had later taken an intoxilizer test, the person had registered .10 percent or higher blood alcohol content is not before us, because that claim of error was not preserved in the trial court.

Affirmed.