(Download) "Oregon V. Trenary" by Supreme Court of Oregon # Book PDF Kindle ePub Free
eBook details
- Title: Oregon V. Trenary
- Author : Supreme Court of Oregon
- Release Date : January 06, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Persons stopped on suspicion of driving under the influence of intoxicants (DUII) often are requested by police officers to perform "field sobriety tests."*fn1 ORS 813.135 states that, "[b]efore the tests are administered, the person requested to take the tests shall be informed of the consequences of refusing to take or failing to submit to the tests." In this case, the arresting officer asked defendant to perform field sobriety tests but failed to inform defendant of the consequences of refusing. Defendant nonetheless performed the tests. Following the denial of his motion to suppress the test results, he was convicted of DUII in a jury trial. The Court of Appeals upheld the trial court's denial of the motion to suppress but nonetheless reversed, because defendant's right to call a lawyer before taking the test was violated. State v. Trenary, 114 Or App 608, 836 P2d 739 (1992).