STATE v. SAWYER

041053460; A132156.

190 P.3d 409 (2008)

221 Or. App. 350

STATE of Oregon, Plaintiff-Respondent, v. Timothy Allen SAWYER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 23, 2008.


Attorney(s) appearing for the Case

Marc D. Brown, Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Samuel A. Kubernick, Assistant Attorney General, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Anna M. Joyce, Assistant Attorney General.

Before BREWER, Chief Judge, and SCHUMAN, Judge, and DEITS, Judge pro tempore.


SCHUMAN, J.

Defendant appeals a conviction for driving under the influence of intoxicants (DUII), ORS 813.010, assigning error to the trial court's denial of his motion to suppress the results of his breath test. He argues that he was denied his right to counsel under Article I, section 11, of the Oregon Constitution because he was not afforded an opportunity to call an attorney in private before taking that test. We agree with defendant, and we therefore reverse...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases