Got DUI Crim.Misc. II Presump Fine2. Blew all zeros. unknown results of UA . Wed. 10/24/12.Do I need attorney,and how do I plea

truck with a hugh trailer hitch on it. No damage to the truck (at least the that is what owner said,one was hurt except my little car, it just crumbled it. It was taken to the Body shop at my request. It was an accident. The only thing I did was that I might I have been following to close. I could not do the one test because I have nerve damage in my left leg. He arrested me and had a medication person observe me. I did give a UA. I was told that I had to go to my court date or a warrant would be put out for my arrest,I don't want to go there without any information and I want to do the right thing, but I feel that I am innocent. I did have a DUI back in 2001. Does that one count ? What should I do?

Medford, OR -

Attorney Answers (4)

James Kevin Hayslett

James Kevin Hayslett

DUI / DWI Attorney - Clearwater, FL
Answered

This is exactly the kind of case where you need an attorney to help you.
There are number of issues related to your urine screen that an experienced DUI lawyer may be able to help get the case reduced or dismissed.

Richard E Oberdorfer

Richard E Oberdorfer

DUI / DWI Attorney - Portland, OR
Answered

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.

John E. Schlosser

John E. Schlosser

Criminal Defense Attorney - Portland, OR
Answered

Absolutely, you need to meet with an attorney. The State often proceeds with DUII's with a 0.00 blow. There are numerous factual issues that come into play with DUII's. I wouldn't just roll over and plead guilty. If you can't afford an attorney, go to your court date and fill out an application for court appointed counsel. Once you have an attorney you will be able to discuss your option.

From this point forward, DO NOT discuss your case with anyone who is not your attorney or an attorney you are consulting with. DO NOT post facts on the internet.

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William Francis

William Francis

DUI / DWI Attorney - Medford, OR
Answered

I am almost certain that when the date written on your citation arrives, you will go to court only to learn that no charges have yet been filed, and then you will have to wait for a letter from the DA, which will be sent to you only after the lab results come in.

In the future, remember, you do not have to agree to take the roadside tests. You should not get out of your car unless the police officer tells you that you are under arrest. You should say nothing when you are questioned.

The Government (meaning, the police and the prosecutor) want us all to believe that you were examined by a "Drug Recognition Expert," and that this person's observations will be enough to persuade a jury that you were under the influence of a drug. This "medication person" isn't an expert. This police officer isn't a medical person at all. You didn't mention if you had taken any medications, but even if you did, I begin with the presumption that you weren't impaired by a medication that was prescribed by your doctor. The urine sample you gave the police will be sent to the Oregon State Police crime lab for analysis, but it will likely be several months before they send results to the DA. There may be other charges added to those written on the citations when the case is finally filed.

When you do finally appear in court, this is what you need to know: Tell the judge you are NOT GUILTY. The judge will ask if you would like the court to appoint an attorney appointed to represent you. If so, you may apply for a public defender. (Remember, public defenders are not free. If you're convicted, you will be ordered to pay attorney fees.)

If you were convicted of DUII or had diversion within the past 15 years, you will not be eligible for diversion now, but diversion is not an appropriate choice at this point anyway, given the facts of your case. Relying only on the information you have written here, my advice is to hire a qualified DUII attorney and consider taking this case to a jury trial.

All the best to you.

William Francis

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