State v. Atkinson

*911RICHARDSON, J.

Defendant was convicted by a jury of driving while under the influence of intoxicating liquor, ORS 483.992(2). The charge is reflected in an Oregon Uniform Traffic Citation and Complaint. We have set out below a reproduction of the complaint to better illustrate defendant’s claim of error. The first claim of error challenges the sufficiency of the complaint and the second alleges a mistrial should have been granted when a witness mentioned a "breath test” during his testimony.

The complaint was filed in the District Court for Coos County. Prior to arraignment defendant made a…