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 »
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 Judge to...Read more »
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 »
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 docket and you...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 the... Read more »
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?
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 »
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 you're risking...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 for my... Read more »
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 the butt, it's...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 »
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 »
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 »
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 »
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.
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 »
The short answer is probably not. The incident date/time is one element of the crime that must be proven beyond a reasonable doubt, but the charging document (i.e., the ticket from the officer, or an information of misdemeanor later issued by the prosecutor) usually includes the term “on or...Read more »
My husband was convicted yesterday in oregon for his 3rd dui, his previous 2 were 11 yrs ago. How can they look back 11 years? His record in california had even been purged and the court record does not exist in their files any more but based on driving record the judge said it was his third. He... Read more »
I was detained by multiple police officers on foot, at a separate location. It doesn't seem right that I could get a DUI when I wasn't even operating a vehicle and never admited to doing so under the influence
You can be "charged" with the crime of DUII regardless of whether at the time of the stop you were driving or not. Being charged with a crime,and being found guilty of a crime are two different things. Since driving is an element of the crime of DUII, you would likely have a very good defense at...Read more »
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