STATE v. TAYLOR

No. M79-1040; CA 19398.

645 P.2d 547 (1982)

STATE of Oregon, Respondent, v. James Howard TAYLOR, Appellant.

Court of Appeals of Oregon.

Decided May 26, 1982.


Attorney(s) appearing for the Case

Thomas C. Bernier, Asst. Public Defender, Roseburg, argued the cause and filed the brief for appellant.

Rudolph S. Westerband, 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., YOUNG, J., and ROBERTS, J. Pro Tem.


YOUNG, Judge.

Defendant appeals from a judgment of conviction for driving while under the influence of intoxicants, ORS 487.540, enhanced to a misdemeanor. ORS 484.365. Defendant argues that he was denied his right to a speedy trial and the opportunity to consult an attorney before taking a breathalyzer test and that a tape recording taken at the scene of the stop was improperly admitted into evidence. We affirm.

At the scene of the stop, the arresting officer...

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