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STATE v. VEATCH

D052111T; A132040.

196 P.3d 45 (2008)

223 Or. App. 444

STATE of Oregon, Plaintiff-Respondent, v. Brett Alan VEATCH, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 29, 2008.

Attorney(s) appearing for the Case

Richard E. Oberdorfer, Portland, argued the cause for appellant. With him on the brief was Oberdorfer Law Firm LLC.

Douglas F. Zier, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before HASELTON, Presiding Judge, and EDMONDS, Judge, and ROSENBLUM, Judge.

ROSENBLUM, J.

This appeal calls on us to determine whether the police denied defendant's right to consult privately with counsel before deciding whether to take an Intoxilyzer test and to determine the adequacy of a curative instruction given to the jury by the trial court in response to a defense motion for a mistrial. We conclude that the police did not deprive defendant of a reasonable opportunity to obtain legal advice and, thus, that the trial court correctly...

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