State v. Kacalek

Defendant appeals his conviction by a jury of driving under the influence of intoxicants, ORS 487.540. He contends his motion for acquittal should have been granted because the state failed to prove venue. His second contention is the results of the breathalyzer test should have been excluded because the operator did not examine the inside of defendant’s mouth prior to administering the test.

Defendant was arrested in Hubbard, Oregon. The arresting officer testified he was a Marion County Sheriff’s Deputy and was in uniform on routine patrol in Hubbard, Oregon. He observed the defendant…