Legal Opinion

State v. Acosta

Court of Appeals of Oregon

Decided March 25, 1992No. 90-341-C; 90-1487-C; 90-1115-C; 90-1462-C; CA A66035PublishedCited by 5 opinions

1Opinion of the CourtDeits, J.

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. The state assigns error to the trial court’s granting of the motions to suppress. We reverse and remand.

ORS 813.010(l)(a) provides that a person commits the offense of driving under the…

2Cases cited4 opinions

  1. 1000 Friends v. Land Conservation & Development CommissionOregon Supreme Court · 1988
  2. Butler v. State Industrial Accident CommissionOregon Supreme Court · 1957
  3. Bailey v. Board on Police Standards & TrainingCourt of Appeals of Oregon · 1990
  4. State v. DartOregon Supreme Court · 1988

3Cited by5 opinions

  1. Mission Springs, Inc. v. City of SpokaneWashington Supreme Court · 1998
  2. Monson v. StateCourt of Appeals of Oregon · 1995
  3. Pierce v. State ex rel. Department of Public SafetyCourt of Civil Appeals of Oklahoma · 1993
  4. State v. ScottCourt of Appeals of Oregon · 1993
  5. State v. ScottCourt of Appeals of Oregon · 1993

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