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STATE v. HAYS

06117943C; A135729.

228 P.3d 731 (2010)

234 Or. App. 713

STATE of Oregon, Plaintiff-Respondent, v. Ryan Eric HAYS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 14, 2010.

Attorney(s) appearing for the Case

John Henry Hingson III, Oregon City, argued the cause and filed the brief for appellant.

Timothy A. Sylwester, Assistant Attorney General, argued the cause for appellant. On the brief were John R. Kroger, Attorney General, Erika L. Hadlock, Acting Solicitor General, and Jamie K. Contreras, Assistant Attorney General.

Before WOLLHEIM, Presiding Judge, and BREWER, Chief Judge, and SERCOMBE, Judge.

SERCOMBE, J.

Defendant appeals a judgment of conviction for misdemeanor driving under the influence of intoxicants (DUII), ORS 813.010(4). Defendant contends that the trial court erred in failing to suppress evidence of a chemical breath test of intoxication, arguing that his consent to take that test was unlawfully obtained. We affirm the judgment because the evidence of the breath test is admissible even if defendant's consent resulted from unlawful police actions...

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