Portland DUI / DWI Attorney.
It sounds like you need a Civil Rights attorney -- visit the Oregon State Bar's website, or give the Bar a call. It may help if you describe the facts of what happened when you talk to an attorney, rather than your legal conclusions -- otherwise, it's as if you visit a doctor and tell him your own diagnosis before the doctor has even heard your symptoms. Of course though, you should do that in the privacy and confidentiality of the professional's office -- not on the internet. Good luck!
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In short, no. Your criminal case and your DMV Administrative Suspension were and are completely separate. I do question why you have an Ignition Interlock Device (IID) -- that's not a requirement for an Implied Consent Hardship Permit. It IS, however, a condition of a DUII Diversion contract. You write that your case though has been flat-out dismissed, not that you're in Diversion for a 1-year contract. So the short answer, but the longer answer is: no, but you don't need an IID based on the...
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You're looking at up to a year in jail on a PV from a misdemeanor DUII. That is, you need a great DUII lawyer -- now -- to defend you on your DWS case in such a way that it doesn't affect your DUII probation (and to also agree to defend your DUII PV when it comes up). Get a good local DUII lawyer now! You are in a tight spot!
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It depends -- a case called State v. Black requires that for these types of tips, they should not be anonymous. Was it a named 911 caller? Your lawyer should get a copy of the 911 recording and carefully review it. Police get all sorts of information from informants in various guises, with varying levels of credibility. Remember that if you're facing a DUII, you've got tight timelines in Oregon, including the 10-day deadline to ask for a DMV hearing to avoid any proposed license suspension. The...
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Oregon’s DUII Diversion statute provides, as of January 1, 2012: “The court shall require as a condition of a driving while under the influence of intoxicants diversion agreement that an approved ignition interlock device be installed in any vehicle operated by the person during the period of the agreement when the person has driving privileges.” ORS 813.602(2). If you drive without an IID, you violate your Diversion contract, risking conviction, jail, 1-year license suspension. If pulled over,...
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In the scenario you describe, your initial conviction was reversed. That to me is a version of "set aside," so it seems like if that was your only conviction you can answer no. However, it may be wiser to explain the reversed conviction, rather than answering no, having your prospective employer find out about it (an appellate reversal generally results in a published, public opinion) and not hire you for non-disclosure. Sounds like you had some good lawyers involved -- give them a call (your...
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Oregon’s DUII Diversion statute provides, as of January 1, 2012: “The court shall require as a condition of a driving while under the influence of intoxicants diversion agreement that an approved ignition interlock device be installed in any vehicle operated by the person during the period of the agreement when the person has driving privileges.” ORS 813.602(2). So it's not about putting the IID in vehicles you own -- it's simply that you can't "operate" any vehicle that doesn't have an IID...
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You need a good DUII lawyer NOW. Deadlines are approaching in a matter of days. Call a good lawyer and set an office conference and, respectfully, stop posting facts of your case on the Internet.
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I like Mr. Schlosser's answer, I just wanted to add: go meet with a DUII specialist now! Most of us are suckers and don't charge for an initial consultation, so you'll walk out with a ton of information even if you don't hire the lawyer.
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Great answers from smart lawyers here. I just want to add -- a DUII lawyer will want to sit down with you and hear EVERYTHING about your case, where you were beforehand, what you had to drink, and what your eventual breath test showed. As Mr. Cogan notes, that is all information that should be discussed in the confines of a lawyer's office. Call a good one and set an office conference now.
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