State v. Binner

In this criminal case, the state appeals from a pretrial order suppressing evidence of the results of drug tests performed on samples of defendant’s blood. We affirm.

Defendant was charged with manslaughter in the second degree, ORS 163.125, and with failure to perform the duties of a driver, ORS 811.705. The state alleges that on June 23,1993, defendant struck and killed a woman with the truck he was driving. The police officer called to the accident scene contacted defendant there and later at the hospital. In those contacts, the officer suspected that defendant was intoxicated and, as a…