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STATE v. MONTGOMERY

080222CR, A144361.

300 P.3d 221 (2013)

256 Or. App. 222

STATE of Oregon, Plaintiff-Respondent, v. Robert Lee MONTGOMERY, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 17, 2013.

Attorney(s) appearing for the Case

Wayne Mackeson , Portland, argued the cause for appellant. On the brief were Kelly Jaske and Wayne Mackeson, P.C.

Justice J. Rillera , Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Before ORTEGA, Presiding Judge, and WOLLHEIM, Judge, and SERCOMBE, Judge.

ORTEGA, P.J.

Defendant was convicted of driving under the influence of intoxicants (DUII), ORS 813.010(1),1 and criminal driving while suspended or revoked, ORS 811.182(4). On appeal, defendant contends that, because the state failed to lay a scientific foundation for evidence involving the precise rate of dissipation of alcohol, the trial court erred in denying his motion to exclude that proffered scientific evidence. As explained below...

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