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STATE v. GARDNER

No. 80-5382-C; CA 19652.

629 P.2d 412 (1981)

52 Or.App. 663

STATE of Oregon, Respondent, v. Pearl Louise GARDNER, Appellant.

Court of Appeals of Oregon.

Decided June 8, 1981.

Reconsideration Denied July 16, 1981.

Review Denied August 4, 1981.

Attorney(s) appearing for the Case

Jerry E. Gastineau, Medford, argued the cause and submitted the brief for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Before GILLETTE, P.J., and ROBERTS and YOUNG, JJ.

GILLETTE, Presiding Judge.

Defendant appeals her conviction for Driving Under the Influence of Intoxicants. ORS 487.540. She contends that the trial court erred in denying her motion to suppress evidence of her refusal to take a breathalyzer test, arguing that the admission of that evidence violated her Sixth Amendment right to counsel and her Fifth Amendment right against self-incrimination. We conclude that the evidence was properly admitted and therefore affirm...

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