State v. Valero

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 legal error. State v. Ehly, 317 Or 66, 75, 854 P2d 421 (1993). We conclude that the court erred in suppressing the test results.…