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Linda Medeiros Callahan
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Linda Callahan’s Answers

428 total


  • Is the registered owner required by law to identify the driver of their car in a camera citation situation ?

    does the court hold the registered owner responsible if the owner cannot , or will not, identify another person as driver?

    Linda’s Answer

    Yes, without identifying someone else as the driver, the registered owner is responsible, unless there is some other reason to not hold the registered owner responsible. For example, there may be a legal reason why the evidence is inadmissible or insufficient that could secure a dismissal of the case at a contested hearing.

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  • Do I need to get a lawyer?

    Why do I get charged with DUI if I have 0.7% BAC?

    Linda’s Answer

    Because there are two ways to prove a DUI: you drove and your BAC was .08 or higher; or, if the BAC is under .08, you drove while affected or impaired by alcohol or any drug. This can be proven by the officer's testimony of impaired driving. If you were pulled over for something other than that (e.g., expired tabs), the charge might be easily challenged.

    You need to consult with an Oregon DUI attorney who can evaluate your case. The prosecutor will not be likely to dismiss based on you asking for dismissal. They know you do not have the legal knowledge necessary to draft and file a motion and brief on the issue of an unlawful stop/arrest. You really do need a lawyer who focuses on DUI defense..

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  • Is it worth to pay a lawyer to try to get my DUI to a negligent driving in the first degree? Any differences?

    I refused the breathalyzer test.

    Linda’s Answer

    Yes!

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  • DUI worried i might have pot in my system during assessment, smoked 1 time for the first time in years before DUI Tell attorney?

    I was pulled over for DUI i agreed to the breath test and it was a .322 so my car was impounded and the state patrol took me to the jail to fill out some paperwork and another breath test witch was close to the original .322 BUT i also had smoked ...

    Linda’s Answer

    Definitely tell your attorney. The State patrol regulations require that any person that blows over .23 should be taken to the hospital to be checked, and if they check out ok, they are to take a second breath test. This is probably to protect the State from liability of a death of alcohol poisoning while the person is in custody.

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  • How do I get my license reinstated?

    My license has been suspended in the state of Washington due to three traffic infractions in the state of Missouri. I went to the Washington state DMV and they gave me a copy of all three tickets, the ticket numbers and what jurisdiction they are ...

    Linda’s Answer

    I suggest that you go into a department of licensing branch (NOT the place where you get your tabs--the place where you go to get a driver's license) and bring your proof that you have paid the other two, and tell them that MO tells you they have no record of the other ticket and that you need them to give you more information, or ask them to contact MO DMV to verify that this is an error so that you can get reinstated.

    Good luck--WA DOL is a very unfriendly, unhelpful agency to the people it serves.

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  • DWI Looking for opinions - Do you think Judges (in general) in DWI criminal cases are biased in favor of the District Attorneys.

    Just wondering, since they work with these guys/gals on a daily basis and get to know them well.

    Linda’s Answer

    Judges are pressured by community interest groups like MADD. Sometimes group members sit in court to watch how judges rule in DUI cases. Some might be fearful of this when up for reelection but every judge is different. Some are courageous enough to do the right thing even if unpopular.

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  • I got my second speeding ticket in five yrs (approx)~WA State. I know we are allowed one deferral. What happens for 2nd ticket?

    Is there something an experienced traffic attorney can do for me in court that I cannot do for myself? The first was Pierce Co, this one is Thurston. Does that matter? Thanks for any help.

    Linda’s Answer

    No it doesn't matter except that they are harder to win in Thurston because prosecutors now attend the hearings.

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  • .14 BAC

    I was arrested for a DUI recently. I had 4 drinks around 10-11pm and was stopped by police at 1:30am because I did not have my headlights on. I did field testing, which I thought I did well on, but the officer arrested me--I believe--based on th...

    Linda’s Answer

    Because blood is always higher than breath in the post-absorptive phase. Your liver couldn't process the 4 drinks in an hour so it stored the alcohol in your muscles and tissues. They release it back into your blood for processing though the liver by your veins. Guess where your blood was drawn from? Right. A vein, not an artery. If you had taken a breath test instead at 2:30 you would have been very much lower.

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  • I got a DUI 2 years ago. I had a lawyer at the time, but now my case had to be refiled . What are my chances for dismissal?.

    what if you had an attorney and paid him in full and it was pretty much accepted by the pretrial judge and the arresting officer that i could go for getting into the ard program, only after i submitted for it and started alcohol therapy counseling...

    Linda’s Answer

    This is a very difficult question to answer because it depends on what you and your lawyer agreed upon in the contract for your representation 2 years ago.

    If you feel that he or she has not adequately represented you, you should let him or her know of your dissatisfaction.

    If you were misadvised that you qualified for ARD, when you did not due to a high BAC level, you should have recourse with that lawyer.

    Not knowing all the facts of your situation makes it difficult to give you a knowledgable response.
    I advise you to contact your lawyer and if he or she is not responsive, to contact the bar association.

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  • Oregon dui diversion and double jeopardy

    In Oregon I was recently arrested for dui. I have previous convictions for dui but for some reason it does not look like they are appearing on my history (for example the dmv sheet shows suspended for 90 days, not 1 year). Given this the judge ...

    Linda’s Answer

    were your previous convictions in OR? If they are not showing up on your DMV abstract, that does not mean they are not showing up on the NCIC--the national criminal database that is kept by the FBI--to which all criminal convictions are reported.

    I seriously doubt that the prosecution will not learn of your priors. And I doubt you will be offered a diversion. I do not think the your situation invokes double jeopardy at all because you are not being put more than once in jeopardy for the same offense.

    My advice is that you contact a good DUI attorney in the jurisdiction where you received the DUI to handle your defense. Particularly because you have prior offenses, which can elevate the penalties.

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