STATE v. PENROD

62750; CA A79980.

892 P.2d 729 (1995)

133 Or. App. 454

STATE of Oregon, Respondent, v. Katherine Lee PENROD, Appellant.

Court of Appeals of Oregon.

Decided March 22, 1995.


Attorney(s) appearing for the Case

John Henry Hingson III, Oregon City, argued the cause and filed the brief for appellant.

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

Before DEITS, P.J., and RIGGS and HASELTON, JJ.


DEITS, Presiding Judge.

Defendant appeals her conviction for driving under the influence of intoxicants (DUII). ORS 813.010; ORS 813.040. She assigns error to the denial of her pretrial motion to dismiss or suppress evidence of her refusal to take a breath test, and the denial of her motions for mistrial. We reverse and remand for a new trial.

The facts are not in dispute. On January 11, 1992, Officer Todd stopped defendant's car for a traffic infraction....

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