Mazzola, 356 Or 804, 820 n 15, 345 P3d 424 (2015), the court quoted the same pertinent text, observing that “ORS 813.135 and ORS 813.136, taken together, create a limited implied exclusionary rule[.]” See also State v. Adame, 261 Or App 11, 16, 323 P3d 282, rev den, 355 Or 703 (2014) (similar reference to Trenary). In sum, in accordance with Trenary’s considered dicta, as reiterated in subsequent, recent Supreme Court decisions, ORS 813.135 and ORS 813.136, in combination, include and implement a legislative determination that a driver’s refusal to perform FSTs is not admissible under ORS 813.136 unless that person was advised, as prescribed by ORS 813.135, of the consequences of refusal. See Schutz v. La Costita III, Inc., 256 Or App 573, 589, 302 P3d 460, rev den, 354 Or 148 (2013) (<HOLDING>). That is, “the applicable statutes themselves
recognizing that supreme courts conclusion was pure dicta but following it because it would be imprudent for us to ignore it holding that it may not holding that it is not holding that everything after denial of jurisdiction is dicta pure and simple recognizing such limitations in dicta