State v. Mueller

Defendant was charged with driving under the influence of intoxicants. ORS 813.010. Just before the start of the trial, the state asked the court for a ruling on the admissibility of certain documents that the state intended to offer as a foundation for admission of the breath test result. The same trial judge had excluded a document of the same type in another trial the week before. The court ruled here that the documents were not properly authenticated and, therefore, not admissible. The state then asked for a continuance in order to appeal the trial court’s ruling. The request was denied.…