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STATE v. BILBRO

Nos. MI051618; A132639.

210 P.3d 943 (2009)

229 Or. App. 231

STATE of Oregon, Plaintiff-Respondent, v. James Allen BILBRO, Defendant-Appellant.

Court of Appeals of Oregon.

Decided June 24, 2009.

Attorney(s) appearing for the Case

Matthew C. McKean, Hillsboro, and Nachtigal, Eisenstein & Associates filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Joanna L. Jenkins, Assistant Attorney General, filed the brief for respondent.

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

PER CURIAM.

Defendant was arrested on suspicion of boating under the influence of intoxicants (BUII), ORS 830.325, after he was found drifting down the Deschutes River in a nonmotorized rubber raft under circumstances that led the arresting officer to believe that defendant was under the influence of marijuana. The officer asked defendant to submit to a urine test, and defendant refused. Defendant filed a pretrial motion to exclude evidence of his refusal. The trial...

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