STATE v. SHANTIE

MI02-1234; A120624.

92 P.3d 746 (2004)

193 Or. App. 813

STATE of Oregon, Appellant, v. Robert Michael SHANTIE, Respondent.

Court of Appeals of Oregon.

Decided June 16, 2004.


Attorney(s) appearing for the Case

Douglas F. Zier, Assistant Attorney General, argued the cause for appellant. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Lawrence W. Erwin, Bend, argued the cause and filed the brief for respondent.

Before HASELTON, Presiding Judge, and DEITS, Chief Judge, and LINDER, Judge.


LINDER, J.

The state appeals an order suppressing evidence of defendant's blood alcohol content, which was obtained by a blood test performed pursuant to a warrant. The trial court granted defendant's motion to suppress after concluding that the blood test violated defendant's right to refuse to submit to the test under the implied consent statutes. See ORS 813.100(2). We conclude that the test results are admissible and, accordingly, reverse.

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