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STATE v. BURGHARDT

D064035T; A135656.

227 P.3d 783 (2010)

234 Or. App. 61

STATE of Oregon, Plaintiff-Appellant, v. Derik A. BURGHARDT, Defendant-Respondent.

Court of Appeals of Oregon.

Decided March 3, 2010.

Attorney(s) appearing for the Case

Jamie K. Contreras, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

John Henry Hingson, III, Oregon City, argued the cause and filed the brief for respondent.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

LANDAU, P.J.

This is a state's appeal in a criminal case for misdemeanor driving while under the influence of intoxicants (DUII). ORS 813.010. Before trial, the trial court suppressed several pieces of evidence on the ground that defendant had been deprived of a reasonable opportunity to seek confidential legal advice before deciding whether to submit to a breath test. We reverse and remand.

The relevant facts are, for the purposes of this appeal, undisputed...

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