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State v. Spencer

Citations

  • 750 P.2d 147
  • 305 Or. 59
  • 1988 Ore. LEXIS 31

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “an arrested driver has the right upon request to a reasonable opportunity to obtain legal advice before deciding whether to submit to a breath test” under Article I, section 11
  • holding that, under Article I, section 11, of the Oregon Constitution, an arrested driver, upon request, has the right to a reasonable opportunity to consult with an attorney before deciding whether to submit to a breath test
  • emphasizing that the right of DUII suspects “to have reasonable access to legal advice” was distinct from “the state’s obligation to provide an indi- gent suspect with an attorney at the state’s expense”
  • emphasizing that the right of DUII suspects “to have rea- sonable access to legal advice” was distinct from “the state’s obligation to provide an indigent suspect with an attorney at the state’s expense”
  • driver arrested for DWI has right to counsel under state constitution before deciding to submit to breath test
  • driver arrested for DWI has right to counsel under state constitution before deciding to submit to breath test

Source: CourtListener parenthetical corpus (CC0).

Judges: Gillette, Linde, Peterson, Lent

Read full opinion on CourtListener

Cited by

100 cases in this archive cite this case; the 20 most cited are listed.

Cites

20 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.