I was cited for a dui by the state police and also had my car impounded. I am waiting to go to court on it this month. Why would they send me certified mail?
answered on Feb 14, 2023
To have written confirmation that you were notified of the enclosed document.
I was charged with a dui and reckless endangermeant while I was on my prescription medication I didn't have an accident but was swerving on the highway with my daughter in the backseat. I don't remember anything about the incident. I have much more details about the case and that day but... Read more »
answered on Sep 4, 2021
First, and foremost, consider yourself blessed that nothing worse happened and your daughter is alright and safe, as are you. Second, the fact you "don't remember anything about the incident" is troubling. But, it highlights the seriousness of what occurred. The fact that you were... Read more »
The officer called me over a week past my court date I appeared at and she did not, nor did she file charges. Is it legal for her to re cite me now?
answered on Nov 21, 2020
Because a DUI is a crime and not a violation, the local prosecutor (not the officer) actually files the charge with the court. The process involves the police turning their citation, reports, and other case info over to the prosecutor’s office to make their charging decision.
This process... Read more »
She has not been in any trouble before and had she not been in the situation she was in she would never of gotten in the car!
answered on Sep 3, 2020
First things first, get a defense attorney for her. A first appearance in Oregon for a case like this is usually the arraignment. At the arraignment, an Oregon attorney would usually reserve their clients' rights by making specific statements to the judge on the record and ask for future dates... Read more »
Got dui blew .05 cited and relelase, even given a ride back to my car, and allowed to drive 2 home 2 hours later, officer stated it will probably be dropped, he did even check the DUI box on my citation. I have a court date though.
answered on Feb 20, 2020
The local prosecutor reviews criminal citations issued by officers and is responsible for filing them with the court if they wish to pursue criminal charges. The officer likely said it will probably dropped based on prior instances where the prosecutor did not file a DUI case with a BAC at, near,... Read more »
I have my extremely mature and responsible 16 yr old niece watching my kids before school (she will graduate from high school with an associates degree at 18). She gives my son his Adderall which is a controlled substance (she has an exemplary record of administering ADHD meds for 2 years with... Read more »
answered on Sep 8, 2019
Generally speaking the custodial parent makes the decisions about day to day care of the child and does not need the other parents consent. But I don't know what your custody/parenting time order says so that may or may not follow this general rule. You can always go to court and get a... Read more »
answered on Aug 16, 2019
You certainly can receive additional charges of Recklessly Endangering in a child is in the vehicle. It generally matters on how the driving was, and how impaired the driver was. Having a child in the car can also make someone ineligible for Diversion in Oregon which makes the punishment... Read more »
Is my case dismissed or is there chance of secret indictment
answered on Mar 1, 2019
No, your case is not likely dismissed. Some busy courts, like Lane County Circuit Court, run so late in getting the DUII cases on the docket, that defendants often show up and the District Attorney's Office isn't ready for the arraignment. In that situation, the case isn't on the... Read more »
The fine listed in the conviction is less than it should have been according to BAC guidelines. The court is also attempting to invoke lifetime revocation of driving privileges based on inaccurate interpretation by prosecution of previous DUI's. Is it legal for the court to go back and change... Read more »
answered on Jan 14, 2019
Generally no, when the court enters the terms of the plea agreement into the system, it becomes permanent. There are always exception to the rules, an attorney can go through your specific facts to determine if an exception applies.
I had taken time off work on the 9th and somehow had it stuck in my head that the date was the ninth and that's what I had told my lawyer. When I called him today he told me I missed my date today and I have a bench warrant. What should I expect in the morning?
answered on Jan 11, 2019
It will depend on the court. One of two things will happen, the bench warrant will be removed and a date will be set or you will be taken into custody until bail is posted if available to you.
I am 65 years old, white, male. Got pulled over last night for failure to signal and failure to maintain lane, admitted to drinking a mini-bottle of wine with dinner 4 hours earlier, arrested after not passing field sobriety test (which I thought I did fine on), taken to station, blew 0.00. DRE... Read more »
answered on Jan 2, 2019
I think it is a bad idea to represent yourself. DUIs can be more complicated than meets the eye. I believe that you have an excellent case based on what you're saying here; it's possible that the state won't even charge the case. Likely, even. However, if they DO charge the case then... Read more »
I turned to sharp at a light and drove over curb- medium which caused my tire to go flat. I drove for a mile or two and pulled over and parked the car. I called for help. Few minutes later a sheriff showed up and asked me if i was ok. They asked me if i was drinking and i said i did earlier in the... Read more »
answered on Dec 4, 2018
You are not going to get the case dismissed, though it does sound like you have a decent case. I have represented a lot of individuals in your shoes and what makes your case stand out to me is that you blew a .05, which is very low. Was this in Portland? You should have a court date coming up quite... Read more »
Hi i live in the state of oregon. My friend is 45 and I am 18. She was drinking before she came and picked me up and I didn't know she was until we got pulled over. They made her do some test outside the car and arrested her. They then asked me if I was drinking and I said no. They asked me... Read more »
answered on Dec 4, 2018
You will not face any problems. She will have to deal with the DUI charge through the normal channels. It's a very common charge and in most cases a first time offense can be resolved without a criminal conviction. This is called "DUI Diversion" and while it is a bit of a pain in... Read more »
I recently got a dui, driving home at 1am alone, while under the influence of marijuana.
I wasnt parting all night, I was on campus working all that night.
this is my first offense.
answered on May 4, 2018
You need to speak with a DUII attorney as soon as possible. It sounds like (from your question) that you are thinking about doing this alone. You should re-think that, even if you are eligible for diversion.
Getting into diversion is not the hard part of dealing with a first time DUII... Read more »
This is my first offense so I already served more than 60 days of suspended license. The sheriff has not turned the citation to the da office.
answered on May 4, 2018
This is something that does tend to happen (some places are worse than others). You should hire a lawyer to go over your case with you and try to monitor the case as carefully as possible.
One thing you do not want to do is bring attention to the situation. It is pretty rare that... Read more »
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... Read more »
answered on May 4, 2018
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.
virtually impossible to get employed, especially after a background check. Am I doomed forever? Is there anything I can do?
I am desperate and do not know where to turn. Any constructive advice is greatly appreciated.
answered on Jan 22, 2018
Sorry you're going through such a tough time. More info is necessary to answer the inquiry.
Experienced lawyers would likely want to ask, during a PRIVATE consultation and not on an on-line forum, questions like:
1. Is the license "permanently revoked?"... Read more »
Arrested December 11th, 2017. Clackamas County. No one, including family or employer has my address. Feel violated for for disclosure of personal information before I was even convicted.
answered on May 4, 2018
Direct mail marketing is a form of advertising that many attorneys use. The way they get this information is through public records requests for the arrest.
answered on Nov 18, 2017
If there was no date on the citation (or no citation at all) there will like be no court date until the court receives charges from the city or county prosecutor’s office. The court would then create the case in their system and set a first date for your son to appear.
So, to answer your... Read more »
Charged with DUII, reckless driving, and reckless endanger. Allowed to do diversion since it was my first and only DUII. This is in Multnomah County Oregon.
answered on Oct 11, 2017
Review your court documents carefully and consult with an attorney if you any further questions about your obligations arising out of your case. If you had an attorney to help you enter diversion I would reach out to them first.
That said, DUII Diversion Agreements with Oregon courts... Read more »
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