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STATE v. KNIESTEADT

No. 8004 1036; CA A20620.

640 P.2d 642 (1982)

55 Or.App. 878

STATE of Oregon, Respondent, v. Ralph Jacob KNIESTEADT, Appellant.

Court of Appeals of Oregon.

Decided February 8, 1982.

Attorney(s) appearing for the Case

Douglas W. Moore, Albany, argued the cause for appellant. With him on the brief was Coady & Moore, Albany.

William F. Nessly, Jr., 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 RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.

RICHARDSON, Presiding Judge.

Defendant appeals his conviction by a jury for driving under the influence of intoxicants. ORS 487.540. The sole contention is that the court erred in declining to suppress evidence that he refused to submit to a chemical breath test.1

Defendant was arrested at approximately 2 a.m. and taken by the arresting officer to the county jail, where he was requested to submit to a breath test. Defendant, at...

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