STATE v. ANDERSON

No. 199501; CA A20200.

631 P.2d 822 (1981)

53 Or.App. 246

STATE of Oregon, Appellant, v. Mark Allen ANDERSON, Respondent.

Court of Appeals of Oregon.

Decided July 27, 1981.


Attorney(s) appearing for the Case

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

Phillip M. Margolin, Portland, argued the cause and filed the brief for respondent.

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


GILLETTE, Presiding Judge.

Defendant was charged with Driving While Under the Influence of Intoxicants. ORS 487.540. Prior to trial he moved for an order suppressing all evidence related to his refusal to submit to an intoxilyzer test after his arrest. The trial court granted defendant's motion on the ground that the admission of such evidence would violate defendant's privilege against self-incrimination. Pursuant to ORS...

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