State v. Warrington

Defendant appeals her conviction for driving under the influence of intoxicants, ORS 813.010, arguing that the trial court erred in denying her the opportunity to enter into a diversion program. Defendant also argues that the trial court erred in admitting into evidence certifications from the Oregon State Police concerning their testing of the Intoxilyzer 5000 that was used for defendant’s breath test. The state concedes that the trial court erred in concluding that defendant was ineligible for diversion as a matter of law. As explained below, we agree and accept that concession, which…