1. Home
  2. Browse Decisions
  3. P.2d
  4. 702 P.2d
  5. 702 P.2d 1118 (1985)
 

STATE v. ALLEN

Nos. M366384; CA A33479.

702 P.2d 1118 (1985)

74 Or.App. 275

STATE of Oregon, Appellant, v. Lavanious ALLEN, Respondent.

Court of Appeals of Oregon.

Argued and Submitted February 25, 1984.

Reconsideration Denied September 13, 1985.

Attorney(s) appearing for the Case

Ann F. Kelley, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Paul W. Dudley, Multnomah Defenders, Inc., Portland, argued the cause and filed the brief for respondent.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

NEWMAN, Judge.

The state appeals from a pretrial order suppressing evidence of the result of a breath test. ORS 138.060(3). Defendant was charged with driving under the influence of intoxicants. ORS 487.540. The court granted defendant's motion, because he had dentures in his mouth when he took the breath test. We reverse and remand for trial.

The trial court made the following findings of fact:

"1. On August 2, 1983, at approximately 8:40 p.m., Portland...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases