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STATE v. MATVIYENKO

040241831; A128810.

157 P.3d 268 (2007)

212 Or. App. 125

STATE of Oregon, Plaintiff-Respondent, v. Vitaliy V. MATVIYENKO, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 11, 2007.

Attorney(s) appearing for the Case

Kristin Carveth, Deputy Public Defender, argued the cause for appellant. With her on the brief were Peter Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

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

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and ROSENBLUM, Judge.

ROSENBLUM, J.

Defendant was convicted of driving under the influence of intoxicants (DUII). ORS 813.010. On appeal, he challenges the denial of his motion to suppress evidence of his Intoxilyzer test results on the ground that he was denied the opportunity to consult with counsel before deciding whether to consent to taking the test. We reverse.

We take the following facts from the record of the suppression hearing. Trooper Axelson arrested defendant for DUII...

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