State v. Menchaca

The state appeals from a pretrial order suppressing Intoxilyzer test results. ORS 138.071(1). The trial court held that “OAR 257-30-020[(l)(c)](H) was violated in that the cardboard printout card was not retained as evidence nor presented into evidence; only onion skin copies were available and submitted.” The state argues that the test results are admissible, because the “onion skin copies” included the signed original, there can be no genuine dispute as to the content of the documents, and the rule does not require that the test results be suppressed.1 We reverse.

Defendant was arrested for…