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STATE v. MOYLETT

DC D890539M; CA A60930; SC S37110, SC S37148.

836 P.2d 1329 (1992)

313 Or. 540

STATE of Oregon, Respondent on Review/Petitioner on Review, v. Lawrence William MOYLETT, Petitioner on Review/Respondent on Review.

Supreme Court of Oregon.

Decided July 16, 1992.

Attorney(s) appearing for the Case

William Uhle, Portland, filed the petition and argued the cause for petitioner on review/respondent on review.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent on review/petitioner on review. With him on the petition were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before CARSON, C.J., and PETERSON, GILLETTE, VAN HOOMISSEN, FADELEY and UNIS, JJ.

GILLETTE, Justice.

Defendant in this criminal case is charged with driving under the influence of intoxicants (DUII), ORS 813.010, assault in the fourth degree, ORS 163.160, and criminal mischief in the second degree, ORS 164.354. Defendant was hospitalized following a vehicular collision. An investigating officer asked hospital personnel to extract three blood samples from defendant. The first sample was taken before the officer obtained a search warrant for defendant...

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