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MacDaniel E Reynolds

MacDaniel Reynolds’s Answers

49 total


  • If a person got a DUI 1st offense and has to give a urine sample daily can she have pot in her system now that its legal

    DUI 1st offense they found pot in her system after they did her baseline so now instead of twice per month she has to daily until they say. but now its legal for 21 and over does it still apply

    MacDaniel’s Answer

    I agree with Mr. Kahn - the legality of marijuana does not make a difference here. Alcohol is also legal, and just as the use of alcohol would be a violation, so is the use of marijuana.

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  • I received a citation for failure to perform the duties of a driver and Reckless driving.

    My court date is August 19th. They came to my house while I was sleeping and asked for my wife because they said an accident occurred and that she was driving. Based on the other drivers description. That could not have happened based on time. I w...

    MacDaniel’s Answer

    You may have a good defense to these charges, but you can incriminate yourself by writing about details online. As a short answer, the further your situation is from the normal, the more openings there are to get a better outcome to your case. You are pretty far from 'the normal' - that an officer saw the person driving, pulled him or her over, and got the person to admit to the accident - so my suggestion is to contact an experienced DUI attorney as soon as you can (even though you weren't arrested for DUI, a DUI attorney will be most familiar with the traffic crimes you are facing). Once you've found the right attorney that you trust, tell that attorney the rest of the details and go from there. I hope this helps, and I wish you the best. Dan

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  • What is the impact of a Class B (in Oregon) traffic violation on greencard application?

    I recently received a traffic violation while driving a rental car on my foreign (German) license. The violation is given as 'Violation of basic rule:21-30MPH Excess' Given that the documents for my green card application were submitted in Apr...

    MacDaniel’s Answer

    I think this is a better question for an immigration attorney than it is for a criminal defense attorney. You may get a better answer if you re-post this question under an immigration heading. I wish you all the best.

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  • How can I plead not guilty on charges without going to court?

    I have court on Monday for criminal mischief and under oz of weed...I want to plead not guilty but I have outstanding warrant for poss. of stolen vehicle. What are my best options?

    MacDaniel’s Answer

    Without an attorney, you will have to be in court for your arraignment on a criminal charge or a warrant will go out, absent some pretty unusual circumstances, If you hire an experienced attorney, your attorney may, under some situations, be able to waive your appearance at the arraignment, but that will depend on several things, including which court you are being arraigned at (some Oregon courts will allow an attorney to appear for a misdemeanor arraignment without their client). The more time your attorney has to work on your case, the more likely a good outcome becomes. I hope this helps, and I wish you the best.

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  • How do I pursue a dismissal? Prior to arraignment or after.

    I was arrested for "wreckless burning" in Oregon. I was asleep on a beach after a day of drinking this is a local gathering spot where drinking alcohol is allowed by law. when I was woken up some of the people I was with had started a fire on the ...

    MacDaniel’s Answer

    I'm sorry you are in this situation. As I see it, right now your options are 1) to do nothing for now and wait for your arraignment date to see if the prosecutor decides to move forward with charges against you, or 2) hire an attorney now to try to get ahead of this case. This is a cost/benefit analysis for you to look at - if money is less a concern than this case moving forward, then hire an experienced criminal defense attorney now. When we are brought into a case with this type of timing, we have an opportunity to talk with the DA before he or she makes a decision on what to do with your case. Sometimes this makes a difference, and sometimes it does not - in other words, some cases are never going to go forward, and some always will, but for those in the middle, having the right attorney on board early on can make a difference. What I've found it is always easier to help mold a prosecutor's decision than it is to change their decision once it is made. When I was a DA, having an attorney that I respected contact me to share some 'good stuff' about their client as I was deciding what to do could make a difference to me when I was in this middle ground. I hope this helps, and I wish you the best.

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  • As a canadian and being charged with a dui and hit and run what kind of penalty am I looking at

    First time in the United States of America, had a little too much to drink and I couldn't really trust anyone with my car, not know anybody at all I never been in this type of situation before and I'm stuck in Oregon with no money and clothing and...

    MacDaniel’s Answer

    I'm so sorry to hear that you are in this situation. I am writing to say that I agree with the prior post - although it may seem daunting, if at all possible hire two attorneys to help you here - one DUI specialist and one immigration specialist. I think specialization is the right way to practice law, and what I always tell my DUI clients who have immigration questions is that we are fantastic at criminal defense, but we don't handle immigration law everyday, so for the best resolution on the immigration side, we help our clients find an immigration attorney that we can work with to get the best outcome on both parts of the situation. I wish you the best on this.

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  • Can charges of driving suspended failure to perform duties of driver be dismissed due to twice being ticketed wrong.

    Im revoked and my gf truck got wrecked. I was not on thr scene but a week later I get ticketed for dri ing wile suspended failure to perform duties and wreckless driving. My cell phone was in the truck and police answered it when my gf tried to ca...

    MacDaniel’s Answer

    I'm afraid that the fact that the court/police/DA 'got it wrong' for two months doesn't get you clear of this situation. It sounds like you are facing criminal charges rather than a speeding ticket, so I suggest you contact an experienced criminal defense attorney as soon as you are able to get specific advice for your situation. I wish you the best.

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  • I got a ticket today for failure to maintain lane at 10 in the morninng in Oregon.

    I drive a "big rig". I got a ticket today for failure to maintain lane at 10 in the morning in Oregon. I was comming around a curve in my lane and the cop pulled me over. He said I was half way in the other lane. This road is a three lanes the m...

    MacDaniel’s Answer

    The short answer is yes, there are many things you can do to fight this, but you have to decide whether it is worth it to you to spend the time and resources to do so. On the low end of that scale you can enter a not guilty plea and show up for your trial date and explain what happened from your perspective - I agree with the previous post that it is difficult for the average person to win a 'he said/she said' contest with an officer though. The high end of that scale is to hire an attorney to represent you and an investigator to track down any alternative forms of video evidence that may exist. If your livelihood is in jeopardy due to this ticket, I suggest you call an attorney to help you as soon as you can. Regardless, I wish you the best.

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  • If I got arrested for duii when I was taking medications that were just given to me, am I liable?

    I went to the dr to undergo a procedure. Things did not go according to plan. Instead of keeping me there, at the office for observation, the dr gave me four new medications, which I had never taken. I went home, took the medications, & woke up in...

    MacDaniel’s Answer

    I'm very sorry that you are in this situation, both medically and legally. I agree with the recommendation that you not share details of what happened on this forum, and that you should speak with an attorney who specializes in Oregon DUI defense as soon as possible. I'm afraid that, as general rule at least, it is not a defense to a DUI to say that a person took medications per a doctor's prescription - a doctor doesn't have the authority to "allow" someone to drive under the influence in Oregon. With that said, each and every case truly is unique, and there may be ways to raise effective challenges in your case - that is where hiring an experienced DUI attorney becomes so important. I wish you the best.

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  • This is my first time in serious trouble and I'm scared and don't know what to do.

    I've never been in serious trouble before, a few years ago I got a city ordinance ticket for being at a party drinking, but recently I Was with some friends and we ended up getting pulled over in Nevada, the cops searched the car and found drugs. ...

    MacDaniel’s Answer

    I'm sorry you are in this situation. From a practical perspective, here are my suggestions:
    First, don't post any details about this on the web - that includes this site as well as social media. Second, you've spent enough time online scaring the heck out of yourself. Without context, a hangnail can sound like a death sentence when you try to diagnose a medial illness online, and the same thing can happen to you in trying to 'diagnose' your legal problem. Third, you need the best and most experienced defense attorney you can find who specializes in criminal defense, and ideally, who specializes in marijuana defense. An attorney of this caliber is going to cost you money, but it will be worth it - you are facing a serious case, and it could impact you for a long time - the right attorney can make a very real difference.
    I wish you all the best in resolving this and in moving forward with your life.

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