STATE OF OREGON v. TRAVIS RAYMOND HYATT (2011)

Court of Appeals of Oregon.

STATE OF OREGON, Plaintiff-Respondent, v. TRAVIS RAYMOND HYATT, Defendant-Appellant. Umatilla County Circuit Court

CR080466

Decided: March 02, 2011

Before Schuman, Presiding Judge, and Wollheim, Judge, and Nakamoto, Judge.

Peter Gartlan, Chief Defender, and Ernest G. Lannet, Chief Deputy Defender, Office of Public Defense Services, filed the brief for appellant. John R. Kroger, Attorney General, Mary H. Williams, Solicitor General, and Joanna L. Jenkins, Assistant Attorney General, filed the brief for respondent.

Hugh C. Downer, Jr., Judge.

Submitted on January 07, 2011.

Reversed and remanded.

PER CURIAM

Defendant appeals a conviction for driving while under the influence of intoxicants. ORS 813.010. He argues that the trial court erred in denying his motion to suppress evidence of his breath test, which an officer administered before defendant had a chance to seek advice from counsel. The state concedes that the officer did not provide defendant a reasonable opportunity to obtain legal advice before submitting to the test and that the trial court should have suppressed the evidence. We agree with and accept the state's concession. State v. Spencer, 305 Or 59, 74-75, 750 P.2d 147 (1988); State v. Ashley, 137 Or.App. 561, 565-67, 907 P.2d 1120 (1995).

Reversed and remanded.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network