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STATE v. McGRATH

96-21978; CA A96948.

970 P.2d 672 (1998)

157 Or. App. 550

STATE of Oregon, Appellant, v. Terri Diane McGRATH, Respondent.

Court of Appeals of Oregon.

Decided December 9, 1998.

Attorney(s) appearing for the Case

Kaye E. Sunderland, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Jason S. Newcombe argued the cause for respondent. With him on the brief was Dennett & Fredericks, P. C.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.

LANDAU, P.J.

At issue in this criminal case is whether the state laid a proper foundation for the admissibility of defendant's Intoxilyzer results. The trial court held that the state did not and entered a pretrial order suppressing evidence of the test results. On appeal, the state argues that it established all the foundational requirements for admissibility of the test results. We agree and reverse and remand.

Defendant was arrested for driving under the...

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