STATE v. IRVIN

No. DU9972; CA 16239.

612 P.2d 326 (1980)

46 Or.App. 559

STATE of Oregon, Appellant, v. Darrell Boots IRVIN, Respondent.

Court of Appeals of Oregon.

Decided June 9, 1980.


Attorney(s) appearing for the Case

Robert C. Cannon, Asst. Atty. Gen., Salem, argued for appellant. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Janet Briggs, Certified Law Student, Portland, argued the cause for respondent. On the brief was M. Robert F. Smith, Portland.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.


ROBERTS, Judge.

The state appeals from a pretrial order suppressing the results of a breathalyzer test. The defendant was charged with the offense of driving while under the influence of intoxicants. ORS 487.540. His motion to suppress was based upon the destruction of the breathalyzer ampoule, which prevented its retesting. On appeal, the state contends that the trial court erred because, while the evidence demonstrated that the ampoule, if preserved, could be retested...

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