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STATE v. GREENWOOD

27 P.3d 151 (2001)

175 Or.App. 69

STATE of Oregon, Appellant, v. Steven Robert GREENWOOD, Respondent.

Court of Appeals of Oregon, En Banc.

Resubmitted January 10, 2001.

Decided June 27, 2001.

Attorney(s) appearing for the Case

Ann Kelley, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Jennell Hall, Deputy Public Defender, argued the cause for respondent. With her on the brief was David E. Groom, Public Defender.

Before DEITS, Chief Judge, EDMONDS, LANDAU, HASELTON, ARMSTRONG, LINDER, WOLLHEIM, KISTLER, and BREWER, Judges.

Resubmitted en banc January 10, 2001.

WOLLHEIM, J.

Defendant was charged with driving under the influence of intoxicants (DUII), ORS 813.010, and moved to suppress the results of an Intoxilyzer test that he took shortly after his arrest. The trial court granted defendant's motion to suppress, and the state appeals. ORS 138.060(3). Defendant asserted, and the trial court agreed, that defendant had not been afforded a reasonable opportunity to consult with an...

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