STATE v. HERNANDEZ

107134, A148108.

326 P.3d 1285 (2014)

263 Or. App. 46

STATE of Oregon, Plaintiff-Respondent, v. Horacio Hernandez HERNANDEZ, Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 21, 2014.


Attorney(s) appearing for the Case

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

Jennifer S. Lloyd , Attorney in Charge, argued the cause for respondent. On the brief were Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Douglas F. Zier , Senior Assistant Attorney General.

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


DUNCAN, P.J.

Defendant appeals a judgment of conviction for driving under the influence of intoxicants (DUII), ORS 813.010. He claims that the trial court erred in denying his motion to suppress evidence of his refusal to take an Intoxilyzer breath test because the state failed to prove that he knowingly waived his right to consult privately with counsel before deciding whether to take the test. Because, as explained below, defendant did not preserve that claim, we...

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