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STATE v. DURBIN

(CR980102; CA A105880).

23 P.3d 363 (2001)

172 Or. App. 515

STATE of Oregon, Respondent, v. Thomas Everett DURBIN, Appellant.

Court of Appeals of Oregon, En Banc.

Resubmitted January 10, 2001.

Decided February 21, 2001.

Attorney(s) appearing for the Case

Beth Corbo, Deputy Public Defender, argued the cause for appellant. With her on the brief was David E. Groom, Public Defender.

Douglas F. Zier, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

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

Resubmitted en banc January 10, 2001.

BREWER, J.

Defendant appeals from his conviction for driving under the influence of intoxicants (DUII). ORS 813.010. He contends that the trial court erred in denying his motion to suppress the results of an Intoxilyzer test, because he was denied the right to a private consultation with counsel before the administration of the test. We affirm.

On February 22, 1998, defendant was stopped and arrested by Officer...

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