State v. Zinsli

In this driving under the influence of intoxicants (DUII) case, the state appeals from a pretrial order of dismissal. ORS 138.060(1). Defendant’s motion to dismiss the case was based on the state’s loss of a videotape of defendant’s performance of field sobriety tests (FSTs), which defendant claimed was both material and favorable to his defense. We reverse and remand.

The facts are taken from the arresting officer’s testimony at the hearing on defendant’s motion to dismiss and from the officer’s incident report, which defendant introduced as an exhibit at the hearing. The facts are undisputed…