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STATE v. DAVIS

MI083040; A146797.

292 P.3d 666 (2012)

254 Or. App. 387

STATE of Oregon, Plaintiff-Respondent, v. Donna Marie DAVIS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 27, 2012.

Attorney(s) appearing for the Case

Stephanie Hortsch , Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Douglas F. Zier , Senior Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

SCHUMAN, P.J.

Defendant appeals a judgment of conviction for driving under the influence of intoxicants (DUII) and reckless driving, contending that the trial court erred in denying her motion to suppress the results of an Intoxilyzer test. Defendant argues that the results should be suppressed because she was denied a reasonable opportunity to obtain an independent blood test, in violation of ORS 813.150.1 The state responds that defendant...

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