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SKINNER v. MOTOR VEHICLES DIVISION

9001-00511; CA A64864.

812 P.2d 46 (1991)

In the matter of the Suspension of the Driving Privileges of: Steven Warren SKINNER, Respondent, v. MOTOR VEHICLES DIVISION, Appellant.

Court of Appeals of Oregon.

Decided June 5, 1991.

Attorney(s) appearing for the Case

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Meg E. Kieran, Asst. Atty. Gen., Salem, filed the brief for appellant.

Robert R. Dickey, Jr., and Dickey & Dickey, Medford, filed the brief for respondent.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

PER CURIAM.

Respondent was arrested for DUII. ORS 813.010. At the jail, he was advised of his rights and of the consequences of refusing to submit to a breath test. When he was asked to submit to the test, he said that he wished to speak with his attorney first. He was given two opportunities to do so but was unsuccessful, because his attorney was out of town. The officer asked him again if he would take the breath test. Respondent answered that he would not until...

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