State v. Hammond

The defendant appeals his conviction for violation of ORS 487.540, driving under the influence of intoxicants. He assigns as error the denial of his pretrial motion for expenses for an expert witness with whom to challenge the accuracy of his breathalyzer results. The presiding judge had denied this motion for lack of county funds. The defendant also asserts it was error for the trial court to deny his motion to suppress the breathalyzer test results based on the denial of expenses for an expert witness.

ORS 135.055(2) provides:

"The person for whom counsel has been appointed is entitled to a…