Legal Opinion · Dissent

State v. Fogle

Oregon Supreme Court

Decided October 15, 1969Published

1DissentPerry, C. J.

I am unable to agree that the trial court erred in permitting the introduction in evidence of the results of the breath test performed upon the defendant.

ORS 483.644 reads as follows:

“(1) Chemical analyses of the person’s breath, blood, urine or saliva, to be valid under ORS 483.642, shall be performed according to methods approved by the State Board of Health and by an *276individual possessing a valid permit to perform such analyses issued by the State Board of Health.
“(2) The State Board of Health shall:
“(a) Approve techniques or methods of performing chemical analyses that are satisfactory…

2Cases cited11 opinions

  1. Wiebe v. SeelyOregon Supreme Court · 1959
  2. State v. MillerArizona Supreme Court · 1950
  3. State v. SengstackenOregon Supreme Court · 1912
  4. Bunnell v. PareliusOregon Supreme Court · 1941
  5. Lothstein v. FitzpatrickOregon Supreme Court · 1943

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