1. Home
  2. Browse Decisions
  3. P.3d
  4. 134 P.3d
  5. 134 P.3d 1016 (2006)
 

STATE v. McHENRY

TM0221241; A121960.

134 P.3d 1016 (2006)

205 Or. App. 310

STATE of Oregon, Respondent, v. Nicholas P. McHENRY, Appellant.

Court of Appeals of Oregon.

Decided April 26, 2006.

Attorney(s) appearing for the Case

John L. Susac, Deputy Public Defender, argued the cause for appellant. With him on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Joanna L. Jenkins, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.

ROSENBLUM, J.

Defendant appeals a judgment of conviction for driving under the influence of intoxicants (DUII), ORS 813.010. He assigns error to the trial court's denial of his motion to suppress evidence of his refusal to take a breath test, arguing that he was not given a reasonable opportunity to consult with counsel as required by Article I, section 11, of the Oregon Constitution. We agree and reverse.

We review the denial of a motion to suppress a defendant...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases