State v. Scott

Although I agree with the majority that defendant’s conviction should be affirmed, I disagree with its discussion of the issue of the admissibility of the HGN test evidence at trial. The majority holds that the state must first lay a scientific foundation to present evidence of the HGN test. State u. Reed, 83 Or App 451, 732 P2d 66 (1987). I believe that the enactment of ORS 813.135 and ORS 801.272 eliminates the need to lay such a foundation.

Enacted in 1989, ORS 813.135 is an implied consent statute, which provides:

“Any person who operates a vehicle upon premises open to the public or the…