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STATE v. DURBIN

CR980102; CA A105880; SC S48501.

63 P.3d 576 (2003)

335 Or. 183

STATE of Oregon, Respondent on Review, v. Thomas Everett DURBIN, Petitioner on Review.

Supreme Court of Oregon.

Decided February 13, 2003.

Attorney(s) appearing for the Case

Beth Corbo, Deputy Public Defender, Salem, argued the cause and filed the brief for petitioner on review. With her on the brief was David E. Groom, State Public Defender.

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

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, De MUNIZ, and BALMER, Justices.

BALMER, J.

Defendant was charged with driving under the influence of intoxicants (DUII).1 He moved to suppress the results of his breath test, arguing that the presence within earshot of the arresting officer when he consulted a lawyer by telephone before taking the breath test violated his right to counsel under the Oregon Constitution. The trial court denied defendant's motion to suppress the...

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