State v. Williams

Defendant was convicted by jury of driving while under the influence of intoxicants, ORS 813.010. On appeal, defendant assigns error to the trial court’s denial of his motion to suppress evidence of his refusal to take a breath test, arguing that the state denied him the opportunity to privately consult with an attorney in violation of Article I, section 11, of the Oregon Constitution. We vacate and remand to the trial court for additional findings.

Defendant was stopped by a police officer for failure to stop at a stop sign. That officer and another officer independently observed signs that…