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STATE v. LARRETT

CR93-50174; CA A80024.

871 P.2d 1016 (1994)

127 Or. App. 139

STATE of Oregon, Appellant, v. Sherri Elaine LARRETT, Respondent.

Court of Appeals of Oregon.

Decided March 30, 1994.

Review Denied May 24, 1994.

Attorney(s) appearing for the Case

Douglas F. Zier, Asst. Atty. Gen., argued the cause for appellant. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Monty K. VanderMay, Salem, argued the cause and filed the brief, for respondent.

Before DEITS, P.J., RICHARDSON, C.J., and RIGGS, J.

RICHARDSON, Chief Judge.

Defendant is charged with driving under the influence of intoxicants (DUII). ORS 813.010. The court granted her motion to suppress evidence of her refusal to submit to a breath test on the ground that she had not had a reasonable opportunity to consult an attorney. The state appeals, ORS 138.060(3), and we reverse and remand.

The facts are undisputed. Defendant was involved in a single-car accident when her car went down an embankment...

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