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STATE v. CABANILLA

(CC 08071452C; CA A141868; SC S059289).

273 P.3d 125 (2012)

351 Or. 622

STATE of Oregon, Respondent on Review, v. Jose L. Nunez CABANILLA, aka Jose L. Cabanilla Nunez, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided March 1, 2012.

Attorney(s) appearing for the Case

Zachary Lovett Mazer , Deputy Public Defender, Office of Public Defense Services, Salem, argued the cause for petitioner on review. With him on the brief was Peter Gartlan , Chief Defender.

Pamela J. Walsh , Assistant Attorney General, Salem, argued the cause for respondent on review. With her on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Kevin Diaz , ACLU Foundation of Oregon, Inc., Portland, filed a brief on behalf of amicus curiae ACLU Foundation of Oregon, Inc.

DE MUNIZ, C.J.

Defendant in this criminal case is a native Spanish speaker whose command of the English language is weak. A witness observed defendant's vehicle leave the road at a high rate of speed, roll over, and come to rest in an onion field. The police officer responding to the event arrested defendant for driving under the influence of intoxicants. The issue presented in the case is whether, for purposes of the implied consent laws, the police officer "informed...

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