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STATE v. GRONER

D115387T; A151933.

317 P.3d 398 (2013)

260 Or. App. 255

STATE of Oregon, Plaintiff-Appellant, v. David Lincoln GRONER, Defendant-Respondent.

Court of Appeals of Oregon.

Decided December 26, 2013.

Attorney(s) appearing for the Case

Jamie Contreras , Assistant Attorney General, argued the cause for appellant. With her on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Robert G. Thuemmel , Portland, argued the cause for respondent. With him on the brief was Thuemmel & Uhle.

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

SCHUMAN, P. J.

In this driving under the influence of intoxicants (DUII) case, the state appeals a pretrial order suppressing defendant's refusal to submit to a breath test. The state maintains that, when defendant was asked if he was going to take a breath test and he responded, "Not until an attorney [is] right [here] with [me]," that statement amounted to a refusal, despite the fact that police had earlier told him he would have 15 minutes to telephone his attorney...

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