State v. Reyes

Defendant appeals from a judgment of conviction for driving under the influence of intoxicants (DUII). ORS 813.010. Defendant assigns error to the trial court’s failure to exclude evidence regarding a Horizontal Gaze Nystagmus (HGN) test and an Intoxilyzer breath test that were administered eight months before the arrest that gave rise to this appeal. We reverse.

This appeal arises from defendant’s arrest for DUII on August 8,1994. On that date, Officer Webb stopped defendant because the vehicle she was driving had a defective tail light. When he approached defendant to talk to her about the…