STATE v. OHM

D052398T; A130976.

197 P.3d 1136 (2008)

224 Or. App. 390

STATE of Oregon, Plaintiff-Respondent, v. Allison Nicole OHM, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 10, 2008.


Attorney(s) appearing for the Case

Ben Eder argued the cause and filed the briefs for appellant.

Rolf C. Moan, 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 SCHUMAN, Presiding Judge, and ORTEGA, Judge, and SERCOMBE, Judge.


SCHUMAN, P.J.

Defendant appeals a judgment of conviction for driving under the influence of intoxicants (DUII), ORS 813.010, assigning error to the trial court's denial of her motion to suppress evidence that she refused to submit to a breath test. She argues that evidence of her refusal was inadmissible for two reasons: first, because the refusal occurred without the advice of counsel and was therefore fatally tainted; and second, because she had a constitutional...

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