Legal Opinion
State v. Kirsch
Court of Appeals of Oregon
Decided September 19, 2007No. 067012, A132400PublishedCited by 7 opinions
1Opinion of the CourtHaselton, P. J.
In this prosecution for driving under the influence of intoxicants (DUII), ORS 813.010, the state appeals from a pretrial order suppressing the results of a breath test. ORS 138.060(l)(c). The trial court concluded that ORS 813.100(2) prohibits an officer from giving a breath test after a driver has initially “refused” to take the test, even if the driver, in response to the officer’s renewed request, subsequently reconsiders and agrees to take the test. We conclude that the trial court erred in so construing and applying ORS 813.100(2). Consequently, we reverse and remand.
The following…
2Cases cited10 opinions
- Portland General Electric Co. v. Bureau of Labor & IndustriesOregon Supreme Court · 1993
- State v. NewtonOregon Supreme Court · 1981
- State v. SpencerOregon Supreme Court · 1988
- Lane County v. Land Conservation & Development CommissionOregon Supreme Court · 1997
- State v. Thompson-SeedCourt of Appeals of Oregon · 1999
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hays v. Driver & Motor Vehicle Services DivisionCourt of Appeals of Oregon · 2009
- Murdoch v. DMVCourt of Appeals of Oregon · 2021
- Hays v. DRIVER AND MOTOR VEHICLE SERVICESCourt of Appeals of Oregon · 2009
- Hays v. Driver & Motor Vehicle Services DivisionCourt of Appeals of Oregon · 2009
- State v. HaysCourt of Appeals of Oregon · 2010
2 more not listed; retrieve them via the Exa API.