Legal Opinion
State v. McHenry
Court of Appeals of Oregon
Decided April 26, 2006No. TM0221241; A121960PublishedCited by 1 opinion
1Opinion of the CourtRosenblum, J.
Defendant appeals a judgment of conviction for driving under the influence of intoxicants (DUII), ORS 813.010. He assigns error to the trial court’s denial of his motion to suppress evidence of his refusal to take a breath test, arguing that he was not given a reasonable opportunity to consult with counsel as required by Article I, section 11, of the Oregon Constitution. We agree and reverse.
We review the denial of a motion to suppress a defendant’s refusal to take a breath test for errors of law. State v. Goss, 161 Or App 243, 247, 984 P2d 938 (1999). We take the facts from the evidence…
2Cases cited8 opinions
- Outdoor Media Dimensions Inc. v. StateOregon Supreme Court · 2001
- State v. SpencerOregon Supreme Court · 1988
- Moore v. STATE, MOTOR VEHICLES DIV., ETC.Oregon Supreme Court · 1982
- Williams v. FREIGHTLINER, LLCCourt of Appeals of Oregon · 2004
- State v. PenrodCourt of Appeals of Oregon · 1995
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State v. KirschCourt of Appeals of Oregon · 2007