DEITS, Presiding Judge.
Defendant appeals her conviction for driving under the influence of intoxicants (DUII). ORS 813.010; ORS 813.040. She assigns error to the denial of her pretrial motion to dismiss or suppress evidence of her refusal to take a breath test, and the denial of her motions for mistrial. We reverse and remand for a new trial.
The facts are not in dispute. On January 11, 1992, Officer Todd stopped defendant's car for a traffic infraction....
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