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STATE v. ACOSTA

90-341-C, 90-1487-C, 90-1115-C, 90-1462-C; CA A66035.

827 P.2d 1368 (1992)

112 Or.App. 91

STATE of Oregon, Appellant, v. Fernando Quinones ACOSTA, Respondent. State of Oregon, Appellant, v. FERNANDO QUINONES ACOSTA, Respondent. State of Oregon, Appellant, v. EVERETT DUNCAN, Respondent. State of Oregon, Appellant, v. David Tucker, Respondent.

Court of Appeals of Oregon.

Decided March 25, 1992.

Attorney(s) appearing for the Case

Jonathan H. Fussner, 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.

Mary M. Reese, Deputy Public Defender, Salem, argued the cause for respondents. With her on the brief was Sally L. Avera, Public Defender, Salem.

Before RICHARDSON, P.J., JOSEPH, C.J., and DEITS, J.

DEITS, Judge.

Defendants in these consolidated cases were charged with driving under the influence of intoxicants. ORS 813.010. The trial court suppressed the results of the breath test taken by each of the defendants on the ground that the Oregon State Police (OSP) had not complied with its own administrative rule governing the testing of the accuracy of the Intoxilyzer machines used to determine blood alcohol content.1 The state assigns...

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