State v. Leinweber

404 Argued and submitted September 30, 2019, reversed and remanded July 21, 2021 STATE OF OREGON, Plaintiff-Respondent, v. ROBERT MARTIN LEINWEBER, Defendant-Appellant. Umatilla County Circuit Court CR150847; A166148

494 P3d 973

In this criminal appeal, defendant assigns error to the trial court’s order denying his motion to suppress his breath alcohol test report, arguing that the officer failed to comply with OAR 257-030-0130. Among the requirements of that rule is that the operator of the breath test “is certain” and “remains certain” that the test subject does not regurgitate before…