STATE v. GREENOUGH

Nos. DA 1001606 & Z151676; CA A82911.

887 P.2d 806 (1994)

132 Or. App. 122

STATE of Oregon, Appellant, v. Raymond Demoss GREENOUGH, Respondent.

Court of Appeals of Oregon.

Decided December 21, 1994.


Attorney(s) appearing for the Case

Diane S. Lekfow, Asst. Atty. Gen. argued the cause for appellant. With her on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Robert Thuemmel, Portland, argued the cause for respondent. With him on the brief was Thuemmel & Uhle.

Before ROSSMAN, P.J., De MUNIZ and LEESON, JJ.


LEESON, Judge.

Defendant was charged with driving under the influence of intoxicants (DUII). ORS 813.010. The trial court granted his motion to suppress evidence of his refusal to submit to a breath test on the ground that he had not been given a reasonable opportunity to consult with an attorney. The state appeals. ORS 138.060(3). We reverse and remand.

Defendant was stopped by Portland police officers at about 8:45 p.m. on the Friday before a July 4 weekend...

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