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STATE v. ORR

057109; A130098.

168 P.3d 1232 (2007)

215 Or. App. 287

STATE of Oregon, Plaintiff-Respondent, v. Martin Daniel ORR, Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 26, 2007.

Attorney(s) appearing for the Case

Ingrid Swenson, Executive Director, Peter Gartlan, Chief Defender, Legal Services Division, and Marc D. Brown, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General, and Douglas F. Zier, Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.

PER CURIAM.

Defendant appeals a judgment of conviction for one count of driving while under the influence of intoxicants (DUII). ORS 813.010. He assigns error to the denial of his motion to suppress evidence that he had refused to take a breath test. After defendant was arrested and advised of his Miranda rights, he told the arresting officer that he did not want to say anything until he saw his lawyer. The officer nevertheless asked defendant whether he would...

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