State v. Bergin

Defendant petitions for reconsideration of our disposition in State v. Bergin, 229 Or App 236, 211 P3d 984 (2009). In that case, we affirmed without opinion his conviction for driving under the influence of intoxicants (DUII). He argued that the trial court erred in admitting, over his objection, certificates attesting to the accuracy of the Intoxilyzer that was used to test his breath, because the state had not demonstrated that the technician who created the certificates was unavailable at trial and that defendant previously had had the opportunity to cross-examine him or her. Defendant…