State v. Allen

The state appeals from a pretrial order suppressing evidence of the result of a breath test. ORS 138.060(3). Defendant was charged with driving under the influence of intoxicants. ORS 487.540. The court granted defendant’s motion, because he had dentures in his mouth when he took the breath test. We reverse and remand for trial.

The trial court made the following findings of fact:

“1. On August 2, 1983, at approximately 8:40 p.m., Portland Police Officer Larry P. Nelson stopped defendant who was driving his car on NE Union Avenue near NE Emerson Street. Officer Nelson noticed defendant because…