Oregon City, OR asked in Criminal Law, DUI / DWI and Traffic Tickets for Oregon

Q: I'll try making this question short and too the point without dragging on with tiny details, only facts. On Jan

Jan second said person got convicted of duii for illegal drugs. He knew his licence was suspended and so not driving, then a week ago he was told by a police officer face to face he was valid to drive, said person confirmed this three times in the week via phoning the dmv. Tonight he was pulled over for driving while suspended. He is also on probation. Can he get out of this situation since he was given false information. Or at least no jail time. Oregon law states dmv is to notify person of suspension via mail. This has not been done as of yet. Any advice

1 Lawyer Answer
Jared Justice
Jared Justice
PREMIUM
Answered
  • Criminal Law Lawyer
  • Oregon City, OR
  • Licensed in Oregon

A: This is an incredibly frustrating situation. Unfortunately, bad advice is not a defense. However it can be incredibly mitigating.

The notice issue could possibly be a defense, but, most of the time when someone is convicted of a DUII they sign a suspension notice right there in court.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.