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STATE v. ROE

88-CR-010; CA A49390.

770 P.2d 69 (1989)

95 Or.App. 477

STATE of Oregon, Appellant, v. Michael Lynn ROE, Respondent.

Court of Appeals of Oregon.

Decided March 8, 1989.

Reconsideration Denied April 28, 1989.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Henry Silberblatt, Salem, argued the cause for respondent. On the brief were Gary D. Babcock, Public Defender, and Glenn N. Solomon, Salem.

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

RICHARDSON, Presiding Judge.

Defendant was convicted, after trial in the Morrow County Justice Court, of driving under the influence of intoxicants. ORS 813.010. He appealed to district court, pursuant to ORS 157.010, and moved, before trial, to suppress evidence of the Intoxilyzer test administered to him. The court allowed the motion, and the state appeals. We reverse.

Defendant argued below that, because the officer who conducted the Intoxilyzer test incorrectly...

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