State v. Parks

Defendant was convicted of two counts of driving under the influence of intoxicants (DUII). ORS 813.010. On appeal, he assigns error to the admission into evidence of certifications of the accuracy of the Intoxilyzer machine that produced the test result that was also admitted into evidence. He first argues that the certifications were not relevant, and, therefore, under OEC 402, they were inadmissible. We reject that argument under State v. Mattila, 52 Or App 743, 629 P2d 845 (1981).

Defendant also argues that the admission of the documents without the opportunity to cross-examine the…