STATE v. NEAL

CR6-0427; CA A94609.

945 P.2d 637 (1997)

150 Or. App. 231

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

Court of Appeals of Oregon.

Decided September 24, 1997.


Attorney(s) appearing for the Case

Douglas F. Zier, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Hari Nam S. Khalsa, Deputy Public Defender, argued the cause for respondent. With him on the brief was Sally L. Avera, Public Defender.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.


LEESON, Judge.

In this prosecution for driving under the influence of intoxicants (DUII), ORS 813.010, the state appeals from the trial court's pretrial order suppressing evidence. ORS 138.060(3). We review for errors of law, ORS 138.220, and reverse and remand.

On February 9, 1996, Bend Police Officer Campbell arrested defendant for DUII and advised him of his right to counsel. Defendant chose not to exercise that right. At the time of his arrest, defendant...

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