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STATE v. NIELSEN

C93-03-31616; CA A83396.

936 P.2d 374 (1997)

147 Or. App. 294

STATE of Oregon, Respondent, v. Kevin NIELSEN, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted September 11, 1996.

Decided March 26, 1997.

Attorney(s) appearing for the Case

Wayne Mackeson, Portland, argued the cause and filed the brief for appellant.

Jonathan H. Fussner, Assistant Attorney General, argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Resubmitted In Banc September 11, 1996.

LANDAU, Judge.

Defendant appeals judgments of conviction for two counts of Assault in the Second Degree, ORS 163.175, and one count of Driving Under the Influence of Intoxicants (DUII), ORS 813.010. He argues that the trial court should have suppressed the evidence of field sobriety tests that he performed, because the tests constituted compelled self-incrimination under Article I, section 12, of the Oregon Constitution...

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