Jul/100
Oregon DUII Attorney – How do you win a DMV DUI suspension hearing in Oregon?
How do you win a DMV DUI suspension hearing in Oregon?
Does anyone know what legal defense to attempt in a DMV hearing to avoid or reduce 90 day suspension for a DUI. Anyone have a story on how they did it.
Thanks
I hope you've been enjoying my posts lately. I thought I might do something different today and rustle up a few bits of info from around the WWW. These are some of the news items and blog posts that have been popular over the last few weeks. Leave me your thoughts.
Oregon Appeals Court Affirms Oregon's Restrictions on Extending ...
Oregon Appeals Court Affirms Oregon's Restrictions on Extending Traffic Stops The Oregon Court of Appeals has again confirmed that Oregon Dui law restricts law enforcement's use of a traffic stop to discover other crimes. In State v. ...
oregon duii law – Latest oregon duii law news – Oregon – Suspect ...
1988); Commonwealth v. Cameron, 545 NE2d 619 (Mass. App. Ct. 1989). Knowing your legal and consumer rights is your best defense. Article Source: http://EzineArticles.com/?expert=Craig_Torey. Mail this post. Technorati Tags: Oregon DUII Law.
oregon duii law – Will montana come get me in oregon for first ...
If you like what I write, check out my religious blog at http://www.religiouschatter.blogspot.com. Article Source: http://EzineArticles.com/?expert=David_Sibert. Mail this post. Technorati Tags: Oregon DUII Law.
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Have a great day!
One of the most common questions in my DUI defense practice is, "What should I have done to maximize my chances of avoiding a DUI conviction?" For a client already arrested for DUI this is a pretty meaningless conversation, however the information that they can pass on to their friends and family is invaluable. Here is how a "perfect" DUI contact would take place, from the perspective of defending a client charged with a DUI under Washington DUI law (RCW 46.61.502):
- First my client does not admit to the underlying violation they are stopped for. If the officer says they crossed a lane line, were driving faster than the posted speed limit, or any other infraction the client does not admit to the violation.
- Next, my client does not admit to consuming alcohol. If asked about an odor or smell, my client does not elaborate or attempt to defend anything the officer "might" smell.
- My client does not agree to take any field sobriety tests. These tests are designed for you to fail. They are graded uniformly and do not take into account, health, physical well being, weather conditions, other test conditions (including grade of the road surface, footwear, or any other factors that could impact test performance). Completely sober world-class professional athletes fail these tests; they are not designed for you to be able to "pass", only to provide justification for arrest if you "fail" them.
- My client does not agree to take a portable, or hand held breath test (PBT). These tests are not admissible in court in the state of Washington; they are only used by the officers to provide an approximate estimate of intoxication. There is no penalty for refusing the roadside PBT test. These tests are only used to build the officer's probable cause to take the client into custody. Client should be polite and courtesy in their refusal to take this test.
- Upon arrival at the police station my client does not agree to answer any questions. The DUI Arrest Report Questionnaire in Washington is designed to again provide information that can be used against the client including previous arrests, number of drinks, whether the client believes they are impaired and other potentially damaging information.
- Finally, my client TAKES the BAC test. (I know this seems strange that I am telling my client to cooperate). In Washington State, DUI refusal cases can carry twice as much jail time, SR-22 insurance, and interlock device timeframes as a DUI conviction where the suspect did provide a breath sample. Under Washington law you need two valid "samples" to result in an official "test". The lowest reading of these two samples is utilized as the working BAC test for the court process.
- If my client is arrested on a DUI Drugs (rather than alcohol) charge. The above information rings true (do not admit infraction, do not perform field sobriety tests, do not perform the handheld roadside breath test, do not answer questions, etc.). In addition my client should refuse the DRE (Drug Recognition Expert) evaluation if one is offered. The client should request to be transported to the hospital for the blood draw after the initial BAC test is administered. Again, a refusal is punished far more severely that a DUI Drugs with a blood reading in Washington State.
Hopefully you will never have to use any of this information. If you do, following these guidelines step by step can help make you the perfect DUI client for your attorney, and minimize your risks and penalties. As always, this information is only applicable to Washington residents, and does not constitute professional legal advice. Always consult with an attorney if you have been charged with a crime.
John MacNamara is a contributing attorney for Washington DUI Attorneys, a Washington full-service law firm based in Vancouver, Washington. For more information about the attorneys at Wheeler, Montgomery Sleight & Boyd Law Offices, you can visit http://www.wmsblaw.com.
Article Source:
http://EzineArticles.com/?expert=John_MacNamara
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