Convicted of driving under the influence of intoxicants (DUII), ORS 487.540, defendant appealed on the ground that the trial court admitted evidence of a chemical test of her breath that was administered after her arrest and after she was denied permission to telephone her attorney for advice. The Court of Appeals affirmed the conviction by an equally divided court,
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STATE v. SCHARF
TC T-82694; CA 10121; SC 25855.
605 P.2d 690 (1980)
288 Or. 451
STATE of Oregon, Respondent, v. Nancy Lee SCHARF, Petitioner.
Supreme Court of Oregon, In Banc.https://leagle.com/images/logo.png
Argued and Submitted April 3, 1979.
Decided January 22, 1980.
Reargued December 3, 1979.
Attorney(s) appearing for the Case
Mark Irick, of Hayter, Shetterly, Noble & Weiser, Dallas, argued the cause on December 3, 1979, for petitioner. Philip Hayter, Dallas, argued the cause on April 3, 1979, and filed a brief for petitioner.
Robert C. Cannon, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were James A. Redden, Atty. Gen., Al J. Laue, Sol. Gen. and Donald L. Paillette, Asst. Atty. Gen.
James A. Redden, Attorney General, Walter L. Barrie, Solicitor General, and Robert C. Cannon, Assistant Attorney General, Salem, for petition on rehearing.
No appearance contra, on rehearing.
Supreme Court of Oregon, In Banc.
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