CITY OF PORTLAND v. STANLEY

No. M2795; CA A20057.

631 P.2d 826 (1981)

53 Or.App. 254

CITY OF PORTLAND, Respondent, v. Thomas Edward STANLEY, Appellant.

Court of Appeals of Oregon.

Decided July 27, 1981.


Attorney(s) appearing for the Case

Phillip M. Margolin, Portland, argued the cause and filed 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., and William F. Gary, Sol. Gen., Salem.

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


GILLETTE, Presiding Judge.

Defendant appeals his conviction of Driving Under the Influence of Intoxicants. ORS 487.540. He contends that the trial court erred in denying his motion in limine which requested the court to prohibit any comment on or references to defendant's refusal to take an intoxilyzer test after his arrest. Defendant argues that any reference to his refusal violates his constitutional right against self-incrimination. We conclude that evidence of...

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