Legal Opinion
State v. Gardner
Court of Appeals of Oregon
Decided June 8, 1981No. 80-5382-C, CA 19652PublishedCited by 28 opinions
1Opinion of the CourtGillette, P. J.
Defendant appeals her conviction for Driving Under the Influence of Intoxicants. ORS 487.540. She contends that the trial court erred in denying her motion to suppress evidence of her refusal to take a breathalyzer test, arguing that the admission of that evidence violated her Sixth Amendment right to counsel and her Fifth Amendment right against self-incrimination. We conclude that the evidence was properly admitted and therefore affirm.
On the night of September 30,1980, defendant was stopped for driving with her headlights off. She was subsequently arrested for Driving Under the Influence…
2Cases cited11 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- United States v. WadeSupreme Court of the United States · 1967
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Gilbert v. CaliforniaSupreme Court of the United States · 1967
- United States v. AshSupreme Court of the United States · 1973
6 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- South Dakota v. NevilleSupreme Court of the United States · 1983
- Norman Elmer Miller v. J.C. Keeney, SuperintendentCourt of Appeals for the Ninth Circuit · 1989
- Opinion of the Justices to the SenateMassachusetts Supreme Judicial Court · 1992
- State v. GreenCourt of Appeals of Oregon · 1984
- Coleman v. StateCourt of Appeals of Alaska · 1983
23 more not listed; retrieve them via the Exa API.