I entered the DUII diversion program a couple weeks ago and am scheduled for an ADES interview in another couple weeks. If drug use during the time after admission into the program but before evaluation is admitted, is there a risk for termination...
You signed a Diversion. contract with an agreement you wouldn't use alcohol or non-prescribed drugs for a year. Then you used drugs. The answer is yes, you've violated your Diversion Agreement. The court would be well within its rights to revoke your Diversion, put you in jail, suspend your license for a year, and enter a non-expungeable DUII conviction on your record. That said, they usually don't. ADES interviews don't usually include a urine test. However, for some ADES (viz. Pioneer in Oregon City), if you admit drug use after entering Diversion, they'll institute revocation proceedings. As an officer of the court, I must advise you to be honest. You really need a lawyer, not the Internet, because using drugs so soon after promising not to demonstrates real problems. Get help, and good luck!See question
I was just detained on suspicion of DUII & charged with DUII, I didn't exactly fully comply with the field sobriety test & refused the breath test, they didn't get a blood sample or anything either, but I very well may have looked bad..., I didn't...
Get into the office of a DUII specialist in your area, NOW. Everything you post here can be searched for by the arresting officers and the prosecutor -- what you say in a lawyer's office is confidential and can only be used to help you. You're likely looking at a one-year license suspension for refusing a breath test, and you need a good lawyer to fight it -- along with your serious criminal charge of DUII. Most of us meet with people for free and will either flat-out make your DMV Hearing request or will give you some advice about it. Bottom line: get off your computer and into a DUII lawyer's office, now.See question
I am in the DUI Diversion program in Oregon and I need to renew my Insurance Agent's Licence. The renewal asks if I have been convicted of any Misdemeanors. Do I state yes or no, I thought that by being in the Diversion program, my record would be...
I'm just writing to add that your "thought that by being in the Diversion program, my record would be clean," is a common misconception -- your lawyer should have disabused you of it. Your participation in the DUII Diversion program will be on your record forever. It will be used against you for insurance purposes for 3 years if your insurer discovers the DUII, see here: http://oberlaw.com/uncategorized/should-i-tell-my-insurance-company-about-my-duii/
Your DUII Diversion may also interfere with travel to Canada, see here: http://oberlaw.com/uncategorized/canada-duii-diversion/
Finally, if you are subject to a licensing board (like a lawyer or doctor is), you may have independent ethical obligations to the board. You should consult with a lawyer who regularly handles professional ethics case to see if you nevertheless should disclose your DUII arrest and its aftermath.
I had a suspended license and did not no it from not filling out paperwork from a accident 2 years ago
The trial defense is built in to the DWS statute, and it involves you affirmatively proving that you did not receive notice of the suspension from a judge or from DMV. There's a complication, in that we're required to keep DMV updated with our correct mailing address. It's not insurmountable, and there are times where either mail gets lost (I have about one letter a year lost in the mail) or DMV didn't mail you notice. Get in to a good lawyer's office, now!See question
Clean driving record. Never had any problems with alcohol.
Forever. Your DUII Diversion will remain on your driving record forever. People can easily order a 10-year "court print" that will show your DUII Diversion, and with a little more work can order a lifetime print that will show everything you've ever done with DMV and all traffic tickets. Insurance companies treat a DUII Diversion like a conviction, and if they find out about the DUII they'll raise your insurance rates substantially. If they find out about it, it will be through a random check (nothing you can do about that) or if you do something that triggers a rate review -- add a new driver, add a new car, move your address.See question
My Australian friend traveled to Seattle to visit me last week. He rented a car on Wednesday and drove to Portland where he reportedly ran a red light and hit another car. All three people were taken to hospital for non-life threatening injuries ...
Solely because it hasn't been mentioned: Assault II comes with a mandatory minimum prison sentence of 70 months without reduction. Your friend needs a great lawyer, now.See question
I received the DUI two weeks ago in Washington County, Oregon, paid bail, then got on a plane to fly back to Washington D.C. where I live. No property damage or injury resulted from the DUI. I realize I'll lose the bail. I understand the minimum j...
I agree with Mr. Kahn's answer, except to say: Washington County WILL EXTRADITE you if you have police contact. I recently had that county extradite on a misdemeanor warrant for FAILURE TO PAY FEES. All other parts of the probation were perfectly performed, according to the probation office's initial filing. Point being, you're dealing with a well-funded county that makes no bones about spending thousands of dollars to extradite on a misdemeanor -- let alone a felony.See question
I have had a duii back in 1993, so long time ago, I have already seen the judge once because I thought I was going to get an attorney but I didn't, so can I represent myself or will I be in trouble, or just accept the diversion program
You'd be in a lot better spot with an attorney. Most attorneys will meet with DUII folks for free, and the Bar has a Modest Means program. Without a lawyer, you will have no one on your side throughout the complicated (much more than in '93!) Diversion program. The odds that you will not be successful are astronomically higher, and you need a lawyer to review your case for defenses. However, you have a right to represent yourself -- it's simply very, very unwise. It's like handling radioactive material, and hoping you don't get sick.See question
Is there any form of legal action I can take against him for providing alcohol to a minor and essentially "rape"?
If your question is about whether you can take action against him for hurting your relationship with her, the answer is no: ORS 31.980 "Action for alienation of affections abolished
There shall be no civil cause of action for alienation of affections. "
If you'd like to participate in a state prosecution against him for providing alcohol to a minor (a fairly petty offense), you can contact the police and tell them what you know as a witness -- which is probably just a second-hand account from your girlfriend. I doubt the police or prosecutor's office would be terribly interested in that case. On the other hand, if your girlfriend was drunk to the point of incapacity, or -- God forbid -- was given a date-rape drug, the state may be very interested. To be frank though, she'd be the main witness and the victim -- not you. Again, everything you know about this incident sounds second-hand through her. It's really up to her whether she wants to participate in a public prosecution.See question
I am stuck and don't know what to do and I'm panicking frankly. ANY advice is appreciated because I haven't thought or heard anything on how to approach this chaos.. THANKS TO ALL!!!!!
Telephone a Maryland DUII lawyer. If not immediately available, set a telephone conference. Many DUII lawyers consult and answer basic questions for free.See question