I am trying to have my DUII diversion agreement extended to allow for more time to complete its requirements. I have the correct motion and order form prepared and will file it with the court. Is a hearing required for this motion? Do I nee...
The timing is tricky -- you must file the motion within last 30 days of your Diversion period. If you have a lawyer, you should let that person handle it. If you don't, you should get one -- if you'd had one originally, you'd have had a much better chance of getting everything done in a year, and you'd be done with this case.See question
I have adhd & take medication perscribed by my doctor I never miss use it! I gave a urine test to prove it! I have been taking the medication for years & never had any problems accidents I was pulled over for doing a u turn! It happened in a town ...
ADHD meds are usually performance enhancing drugs, not impairing drugs. It's not illegal to drive after taking drugs, it is if you're impaired or doing worse because of the drugs. I take two cups of performance enhancing, mood altering coffee every morning -- the same class of drugs as most ADHD medications, a stimulant. So will most of the jurors who try your case -- you need a good lawyer to pick the right jurors and fight the case. Unless you're Diversion eligible, and that becomes a major temptation in any DUII arrest. You'll need a good lawyer to figure out the right path.See question
I'm a suspended driver, one day I was driving with suspended license noticed a state trooper was going to whip around n follow in pursuit before he got whipped around I pulled off highway into a motel parking lot out of sight from officer and I sw...
Sounds like the officer is going to testify he saw you in the driver seat as he passed you oncoming, with his ALPR (Automatic License Plate Reader) going crazy that he was passing a suspended driver (thus, giving him reason to look to see if the driver matched the description of the suspended registered owner. That's what they're trained to do.). Ignition Interlock Devices (IIDs) are required during DUII Diversion ONLY DURING THE PERIOD YOU HAVE DRIVING PRIVILEGES. Thus, if your IID requirement is from Diversion, you're in the clear for Diversion revocation. However, if your IID requirement is from conviction, the analysis might be different. It's hard for me to imagine Oregon DMV would require a SUSPENDED DRIVER to have an IID, since he's not allowed to drive in any event. These are some of the factual questions you could clear up with a lawyer in a confidential office conference. We do those for free, as do many DUII specialists.See question
i was charged with a syringe that supposidly had trace amounts of meth in it but i dont know where it came from. it wasnt mine and the cop was lying several times in he police report and also omitting facts as well. my attorney said that the judge...
I'm not sure how you'd get "a lot of time" by going to trial on a Possession of Meth (residue) case. Those are felony sentencing guidelines cases, and sentencing is pretty standard on these low-level drug cases. Point being, you're entitled to your day in court, and you're entitled to testify at your trial if you wish. It's a tough row to hoe if your attorney doesn't WANT you to do those things, but it is, in fact, your right. On the other hand, your lawyer may be saying that he doesn't think the jury would believe you, and the judge might give you harsher punishment on the idea that you lied in the courtroom, under oath. Bottom line, get a different lawyer if you don't trust this one. But if he's a public defender, and you want a trial, and you want to testify, you get to do those things -- he cannot stop you. He can badger you and make you feel bad, but those are your rights. You'll live with the results -- not the lawyer.See question
I live and work in Oregon though I still have my Washington license. I recently got a DUII (5 days ago) and want to apply for hardship but the whole process seems in possible. I drive 15 miles to work 5 days a week. I've read all the info that wil...
Only Oregon residents are eligible for an Oregon Hardship Permit. If you've established residency here, you should prove that to DMV's satisfaction and apply for a Hardship Permit once / if suspended. As my colleague pointed out, you can try to get an Oregon license now, but if your suspension is 5 days away odds are: DMV knows. The clerk may give you information on how to prove Oregon residence, though. You can always call Oregon DMV's help-line at 503-299-9999 too. And of course, you should have your own lawyer -- the criminal justice system is too fraught with peril to "go it alone."See question
Sitting in the tavern
Nope. Sounds like your lawyer did a fantastic job at trial! Congrats on finding such a good fighter!See question
I was pulled over, told loudly to "get back into the car" , detained and my vehicle was impounded and towed 6 cities away from my residence. Is this legal?
In US v. Santana, SCOTUS wrote: "a suspect may not defeat an arrest which has been set in motion in a public place . . . by the expedient of escaping to a private place." In other words, if there was something about your driving that was either a law violation or gave reasonable suspicion of a crime, the fact you eventually turned into a private driveway doesn't mean a police officer can't follow you onto the private driveway. Moreover, most driveways are premises open to the public for reasonable use -- people can pull into my driveway to turn their car the other direction absent signs or indicators that's not allowed. UPS trucks and delivery vans can pull into my driveway. Finally, cops don't like it when they have emergency lights activated for us and we get out of their car -- it makes them feel unsafe, and when cops don't fee safe it's a bad scene. If you see red-and-blue flashing lights, for you, stay in the car and keep your hands where you can see them. These guys are on-edge.
Towing is appropriate only if the circumstances of the arrest make it appropriate. Miranda v. City of Cornelius is the case on point. DUII arrests generally justify towing, according to that case -- but perhaps not if you were parked lawfully in your own driveway. In your tow notice, you should have information on how to fight the tow and get $ back. Hire a lawyer, make those tight deadlines in the notice, and fight, if that's the right thing to do.See question
I recently was caught shop lifting from a JC Penney I had worked at a few months ago. I was an employee during the time. I stole 3 items totalling to probably around $80 and was charged with three 3rd degree theft charges. I went to my court arrai...
I agree with Ken. The "negative pregnant" is: if it's another local county, either turn yourself in (TSI) on the warrant or prepare to be arrested on the warrant, usually at a very inopportune time or place. like a date, or on your drive to work. Finally, theft is a crime of dishonesty. Multnomah County has a community court that can help you keep this off your record -- but that won't work if you don't deal with your criminal case by showing up and making things right. Do the right thing.See question
I have a clean record but my previous boss is trying to charge me with theft 2, and I'm just wondering if I will face jail time? I have a clean record.
Yes. What makes a crime a crime is the threat of jail time. If it's just a threat of a fine it's a traffic ticket, or infraction, or "violation." Theft II is a crime of dishonesty that brands you as a thief, at least until you can try to expunge it (a minimum of 3 years). If you don't want to risk being a convicted criminal, or labeled a thief, or have a crime of dishonesty used against you in every job interview / border crossing / licensing issue, you should get a good lawyer, now.See question
i was found not guilty
Nope, sounds like your lawyer did a great job!See question