STATE v. BURNHAM

No. J 062684; CA 15388.

606 P.2d 214 (1980)

44 Or.App. 617

STATE of Oregon, Appellant, v. Eldon Theodore BURNHAM, Respondent.

Court of Appeals of Oregon.

Decided February 19, 1980.


Attorney(s) appearing for the Case

James M. Brown, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen. and Walter L. Barrie, Sol. Gen., Salem.

No appearance for respondent.

Before JOSEPH, P.J., and LEE and RICHARDSON, JJ.


JOSEPH, Presiding Judge.

In this prosecution for driving under the influence of intoxicants, the state appeals from a pretrial order granting defendant's motion to suppress the results of a breathalyzer test. Defendant made no appearance in this appeal.

After defendant was arrested in Portland, a police officer asked him if he would take the breathalyzer test. When defendant paused before answering, the officer told him that if he did not take the test his...

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