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STATE v. FREYTAG

071500; A137201.

217 P.3d 233 (2009)

230 Or. App. 694

STATE of Oregon, Plaintiff-Appellant, v. Spencer Michael FREYTAG, Defendant-Respondent.

Court of Appeals of Oregon.

Decided September 9, 2009.

Attorney(s) appearing for the Case

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

No appearance for respondent.

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

SCHUMAN, J.

In this criminal case, the state appeals a pretrial order granting defendant's motion to suppress the result of the breath test that he took following his arrest for driving under the influence of intoxicants (DUII). ORS 813.010; see ORS 138.060(1)(c) (state may appeal pretrial order suppressing evidence). The trial court ruled that, by allowing defendant the opportunity to contact an attorney but denying him the opportunity to contact anybody else...

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