State v. Gibford

Defendant was arrested for driving under the influence of intoxicants. ORS 487.540. A breathalyzer test was administered. The blood alcohol reading was .11 percent. The state appeals an order suppressing the results of the test. The trial court suppressed on the ground that the test ampule was effectively destroyed by the administering police officer in violation of Brady v. Maryland, 373 US 83, 83 S Ct 1194, 10 L Ed 2d 215 (1963), and State v. Michener, 25 Or App 523, 550 P2d 449, rev den (1976). The issue presented is whether defendant made the showing required by Michener, and State v.…