STATE v. DUMFORD

D9207349T; CA A89476.

941 P.2d 1042 (1997)

149 Or. App. 1

STATE of Oregon, Respondent, v. Archie M. DUMFORD, Appellant.

Court of Appeals of Oregon.

Decided July 2, 1997.


Attorney(s) appearing for the Case

Erin Galli, Portland, argued the cause for appellant. On the brief were Michael M. Watkins and Watkins & Bass, Hillsboro.

Ann F. Kelley, Assistant Attorney General, argued the cause for respondent. With her on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.


WARREN, Presiding Judge.

Defendant appeals his conviction for driving under the influence of intoxicants (DUII), ORS 813.010, making five assignments of error. We write only to address his argument that the trial court committed reversible error by failing to suppress evidence of his refusal to submit to a breath test on the ground that he was denied a reasonable opportunity to speak with an attorney, in private, before deciding whether to submit. We affirm.

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