rejecting unpreserved argument that trial court erred when it admitted evidence of the defendant's refusal to take a breath test; noting that jury was instructed that it could consider the refusal in determining whether the defendant was under the influence
Summary of this case from State v. ShevyakovA165221, (S067774)
07-16-2020
STATE v. SMITH, Denis S.
Review Denied.
rejecting unpreserved argument that trial court erred when it admitted evidence of the defendant's refusal to take a breath test; noting that jury was instructed that it could consider the refusal in determining whether the defendant was under the influence
Summary of this case from State v. ShevyakovFull title:STATE v. SMITH, Denis S.
Court:Supreme Court of Oregon.
Date published: Jul 16, 2020
The state has often sought—sometimes successfully—to introduce defendants’ refusals to perform FSTs (or to…
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