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STATE v. WOOD

No. 1644; CA 12458.

596 P.2d 1325 (1979)

41 Or.App. 31

STATE of Oregon, Appellant, v. Douglas G. WOOD, Respondent.

Court of Appeals of Oregon.

Decided July 2, 1979.

Attorney(s) appearing for the Case

Berkeley Ashton Smith, Deputy Dist. Atty., St. Helens, argued the cause for appellant. On the brief was James D. Huffman, Deputy Dist. Atty., St. Helens.

Robert P. VanNatta, St. Helens, argued the cause for respondent. With him on the brief was VanNatta & Petersen, St. Helens.

Before SCHWAB, C.J., and TANZER, RICHARDSON and ROBERTS, JJ.

TANZER, Judge.

Defendant was charged with driving under the influence of intoxicants, ORS 487.540. The district court granted defendant's motion to suppress the results of a breathalyzer on the ground that the manner in which the breathalyzer ampule was stored had destroyed its capacity for independent testing, thus depriving defendant of his right to retest it and to offer the results in evidence, in violation of Brady v. Maryland, 373 U.S....

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