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.
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..
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!