Legal Opinion
State v. Penrod
Court of Appeals of Oregon
Decided March 22, 1995No. 62750; CA A79980PublishedCited by 16 opinions
1Opinion of the CourtDeits, P. J.
Defendant appeals her conviction for driving under the influence of intoxicants (DUII). ORS 813.010; ORS 813.040. She assigns error to the denial of her pretrial motion to dismiss or suppress evidence of her refusal to take a breath test, and the denial of her motions for mistrial. We reverse and remand for a new trial.
The facts are not in dispute. On January 11, 1992, Officer Todd stopped defendant’s car for a traffic infraction. When Todd spoke with defendant, he noticed a moderate odor of alcohol. According to Todd, defendant’s eyes were watery, glassy and red, her movements were “slow,…
2Cases cited6 opinions
- State v. SpencerOregon Supreme Court · 1988
- State v. CoryWashington Supreme Court · 1963
- Farrell v. Municipality of AnchorageCourt of Appeals of Alaska · 1984
- Gildroy v. Motor Vehicles DivisionOregon Supreme Court · 1993
- City of Seattle v. KochCourt of Appeals of Washington · 1989
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. MatviyenkoCourt of Appeals of Oregon · 2007
- State v. RiddleCourt of Appeals of Oregon · 1997
- State v. Brazil-KayCourt of Appeals of Oregon · 1995
- State v. GossCourt of Appeals of Oregon · 1999
- State v. RussumCourt of Appeals of Oregon · 2014
11 more not listed; retrieve them via the Exa API.