State v. Conway

Defendant appeals from his conviction for driving under the influence of intoxicants, ORS 487.540, contending that his constitutional right of confrontation was violated by the trial court’s admission, under a hearsay exception, of Intoxilyzer certifications. We affirm.

In State v. Smith, 66 Or App 703, 675 P2d 510 (1984), we held that Intoxilyzer certifications are admissible as public records exception to the hearsay rule. OEC 803(8)(b). We did not discuss the constitutional argument which is being raised by defendant in this appeal. Shortly thereafter, we summarily decided State v. Sparks,…