State v. Roe

Defendant was convicted, after trial in the Morrow County Justice Court, of driving under the influence of intoxicants. ORS 813.010. He appealed to district court, pursuant to ORS 157.010, and moved, before trial, to suppress evidence of the Intoxilyzer test administered to him. The court allowed the motion, and the state appeals. We reverse.

Defendant argued below that, because the officer who conducted the Intoxilyzer test incorrectly recorded the serial number of the machine used, he therefore did not follow the applicable rule. OAR 257-30-020(l)(a) provides:

“A check list containing an…