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STATE v. VALERO

D071794T; A138009.

219 P.3d 607 (2009)

231 Or. App. 538

STATE of Oregon, Plaintiff-Appellant, v. Ray VALERO, Defendant-Respondent.

Court of Appeals of Oregon.

Decided October 28, 2009.

Attorney(s) appearing for the Case

Jamie K. Contreras, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

John J. Tyner argued the cause for respondent. With him on the brief was Tyner & Associates.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

SCHUMAN, J.

In this driving under the influence of intoxicants case, the trial court suppressed the results of defendant's breath test on the ground that the officer who administered the test did not possess a valid permit or personal identification number (PIN) indicating that he had been trained to operate the breath test machine. The relevant facts are undisputed. Whether those facts justify the trial court's decision presents a question of law that we review for...

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