State v. Coffman

This is an appeal from an order which suppresses evidence in the form of the results of a breathalyzer test given defendant, in a driving-while-intoxicated case, pursuant to ORS 483.634. The order is based upon a finding by the court that an ampoule containing chemicals used in administering the breath test was qualified as evidence only by hearsay, and its admissibility does not fall within any of the recognized exceptions of the hearsay evidence rule; and that the certificate that purports to certify the accuracy of the use of chemicals in the ampoule contains hearsay.

Defendant was arrested…