STATE v. EARLEY

M511238; CA A36666.

717 P.2d 1228 (1986)

78 Or.App. 646

STATE of Oregon, Appellant, v. Philip Allan EARLEY, Respondent.

Court of Appeals of Oregon.

Decided April 16, 1986.


Attorney(s) appearing for the Case

Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Thomas H. Denney, Asst. Atty. Gen., Salem, filed the brief for appellant.

No appearance for respondent.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


Submitted on Record and Appellant's Brief December 23, 1985.

ROSSMAN, Judge.

Defendant was charged with driving while under the influence of intoxicants. Former ORS 487.540 (repealed by Or. Laws 1983, ch. 338, § 978). The trial court entered a pretrial order suppressing evidence that defendant had refused to submit to a breath test. The court based its decision on the fact that there was no evidence that defendant understood the consequences...

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