State v. Smith

The state appeals an order granting defendant’s pretrial motion to dismiss a citation for driving while under the influence of intoxicants in violation of ORS 487.540. The issue on appeal is whether the state’s inadvertent destruction of a videotape of defendant performing certain sobriety tests warranted a dismissal of the charge.

Defendant was stopped after a police officer observed his car veer off to the right several times within a short distance. Defendant was asked to perform certain field sobriety tests,1 on which the officer rated defendant’s response as poor. He noticed a slight…