State v. Wood

Defendant was charged with driving under the influence of intoxicants, ORS 487.540. The district court granted defendant’s motion to suppress the results of a breathalyzer on the ground that the manner in which the breathalyzer ampule was stored had destroyed its capacity for independent testing, thus depriving defendant of his right to retest it and to offer the results in evidence, in violation of Brady v. Maryland, 373 US 83, 83 S Ct 1194, 10 L Ed 2d 215 (1963), and State v. Michener, 25 Or App 523, 550 P2d 449 (1976), and dismissed the case.

Defendant first argues that the appeal is moot…