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STATE v. SPENCER

TC 85-60405; CA A38156; SC S33521.

750 P.2d 147 (1988)

305 Or. 59

STATE of Oregon, Respondent On Review, v. Ronald Ervan SPENCER, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided February 17, 1988.

Attorney(s) appearing for the Case

Edmund J. Spinney, Springfield, argued the cause and filed petition on behalf of petitioner on review.

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause on behalf of respondent on review.

GILLETTE, Justice.

This driving under the influence of intoxicants (DUII) case once again presents this court with the question of what consequences follow if evidence of an intoxilyzer result is obtained from an arrested DUII suspect after police have refused to allow that suspect to contact an attorney. The Court of Appeals, with one judge dissenting, held that evidence of the intoxilyzer result was admissible in spite of the fact

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