Jury suspicious of .22 BAC in DUI case Some people will say the if the breath test is over the legal limit, you're toast. Most lawyers I speak with agree. I do not. I can tell you that the breath test result sometimes is so obviously wrong that it is meaningless. Let me give you an example. In...
In the state of Oregon, it is illegal to for someone to drive a vehicle with a blood alcohol content (BAC) over 0.08%. In this way, Oregon is similar to the rest of the states in the U.S. However, Oregon is different from many states in that someone can still be charged, and convicted, of driving...
The Oregon DMV is in the business of giving out driver licenses and taking them back. They love to take them back. When you get arrested for an Oregon DUI the police officer will take your driver license away if you refused to blow into a machine or fail a breath test. When the police officer ta...
You need to remember that you have rights, and you have defenses. For example, a defendant has the right to demand that criminal charges be dismissed if evidence was unlawfully obtained. The courts will order that a case be dismissed if the stop of a vehicle by the police violated a defen...
When there is underage drinking and driving there are serious consequences for DUI Politicians and lawmakers often wish to appear tough on certain crimes, and underage drinking often falls into this category. What does this mean for drivers under the age of 21 in Oregon? The legal li...
If you haven't gone to court yet for your first appearance (your “arraignment”), consider retaining your attorney early. An attorney can track your court dates and appear with you in court, in person. This reduces the risk that the court will issue a warrant for your arrest. In many jurisdicti...
A DUI conviction (or entry into diversion) can never be removed from your criminal record.
As you make the decision to fight the DUII charge that is pending against you, it is important to remember that you are presumed innocent. The government has a heavy burden of proof. Every element of the prosecutor's case must be proven beyond a reasonable doubt. If the government is ...
A DUI charge will follow you forever. It's worse if you're convicted or plead guilty. The thousands of dollars in insurance surcharges alone make the matter worth taking very seriously.
If you have been charged with DUII, take your time. You may believe that you will lose your chance to get into diversion if you don't apply for diversion at your first court date. Or, you may be willing at this point to say you're guilty and get into diversion to “just get it over with.” ...
Recently, in the local newspaper, the Medford Mail Tribune, there were howls from local business and political leaders that Medford was being unfairly tarnished by FBI crime statistics as an extreme high crime area. What is so unfair? After all, the crime statistics are what they are. The raw num...
If the police kept your driver's license, you were probably given a DMV form, telling you that your license is being suspended because you either failed a chemical test of your breath, urine or blood, or refused to provide a sample of you breath, urine or blood. This “implied consent” suspension ...
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