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STATE v. BANKS

(CC 140130317) (SC S065180).

434 P.3d 361 (2019)

364 Or. 332

STATE of Oregon, Respondent on Review, v. Rodney BANKS, Sr., Petitioner on Review.

Supreme Court of Oregon.

February 7, 2019.

Attorney(s) appearing for the Case

Ben Eder , Thuemmel Uhle & Eder, Portland, argued the cause and filed the brief for petitioner on review.

Timothy A. Sylwester , Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Walters, Chief Justice, and Balmer, Nakamoto, Flynn, Duncan, and Nelson, Justices, and Kistler, Senior Justice pro tempore.

Defendant was arrested for driving under the influence of intoxicants (DUII) and, when asked, refused to take a breath test, which would have revealed the percentage of alcohol in his blood. For the reasons that follow, we conclude that Article I, section 9, of the Oregon Constitution prohibited the state from using defendant's refusal...

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