I had a valid legal drivers license in the state of Oregon when I was arrested last month for DUI. I want to know if I am eligible to enter into the Oregon DUII Diversion program since I have never been convicted of a DUI... However I did enter in...
To Qualify for Diversion, You must meet all of the criteria listed below:
(1) You have no charge of an offense of DUII or its statutory counterpart in any jurisdiction, other than the charge for the present offense, pending on the date you file the petition for a DUII diversion agreement;
(2) You have not been convicted of an offense described in paragraph (1) within the period beginning 15 years before the date of the commission of the present offense and ending on the date you file the petition for a DUII diversion agreement;
(3) You are not participating in a DUII diversion program or in any similar alcohol or drug rehabilitation program, other than a program entered into as a result of the charge for the present offense, in this state or in any other jurisdiction on the date you file the petition for a DUII diversion agreement;
(4) You did not participate in a diversion or rehabilitation program described in paragraph (3), other than a program entered into as a result of the charge for the present offense, within the period beginning 15 years before the date of the commission of the present offense and ending on the date you file the petition for a DUII diversion agreement;
(5) You have no charge of an offense of murder, manslaughter, criminally negligent homicide or assault that resulted from the operation of a motor vehicle pending in this state or in any other jurisdiction on the date you file the petition for a DUII diversion agreement;
(6) You have not been convicted of an offense described in paragraph (5) within the period beginning 15 years before the date of the commission of the present offense and ending on the date you file the petition for a DUII diversion agreement;
(7) You did not hold a commercial driver license (CDL) at the time of the offense;
(8) You were not operating a commercial motor vehicle at the time of the offense; and
(9) The present DUII offense did not involve an accident resulting in:
(a) Death of any person; or
(b) Physical injury to any person other than yourself;
(10) You have not been convicted of a felony DUII in Oregon or elsewhere.
Occasionally, the DA's Office will object to a defendant's entry into diversion even though they meet the eligibility requirements set forth above. This sometimes happens if there was a child in the car when the defendant was arrested for DUII or if the defendant has a number of DUII convictions more than 15 years old. See ORS 813.220.
Entry into diversion does not effect the implied consent license suspension that may have been imposed for a breath or blood test failure or refusal. A challenge to this suspension must be done in a separate and earlier proceeding (the DMV hearing discussed above). Likewise, entry into diversion does not effect other criminal charges (such as hit and run, reckless driving, or criminal mischief). Some jurisdictions, however, will dismiss violations such as speeding if you enter diversion. Contact an Oregon DUI attorney to learn more.See question
After being given a field sobriety test, which I cannot pass completly sober they took me to the station in cuffs and gave me a breathalizer. The test read a 0.076 and they gave me back my license, as well as the two tickets, and sent me on my wa...
At the arraignment the Judge would read what your charges are, the range & penalties, and further advisement of your rights. At this level to protect your legal rights a plea of NOT Guilty would be needed so you can have the time to work with an experience DUI defense attorney to see what your options are regarding your criminal case AND your driver's license impact. Proceed carefully so you are legally protected and keep your options available and not make a hasty decision with a long term harsh impact.See question
February of this year will be one year for my pretrial diversion. I have just received my 2nd DUI with no court dates scheduled yet. My husband is in the military and is scheduled to go overseas this January with me following a month behind. If I ...
Successful Completion of a deferred prosecution entails following the treatment guidelines of an approved Washington State alcohol and drug treatment facility. Permission from the court may be given if the court is satisfied that the out of state facility meets Washington States guidelines.
Out of country- If a service member's family can receive this treatment on post and the court approves this there is another issue regarding probation and being monitored. Again this too would have to be addressed before the Judge.
In addition, there is the big issue of the other DUI being in pre trial diversion that would be revoked upon entry of the deferred prosecution. There will be mandatory jail time imposed and fines.
Proceed with an experienced DUI criminal defense attorney to navigate your situation in trying to achieve what you want and balancing the realities presented.See question
After my arraignment for dwi i recieved a copy of DECLATATION FOR DETERMINATION OF PROBABLE CAUSE..However after reading through it i realized that the date th incident occurred is incorrect on paper, and so is my drivers license number. Is the ...
It is not unusual for what the accused perceived be different from the police officer's information given for The Declaration For Determination of Probable Cause. An established Criminal DUI Defense Lawyer can find other discrepancies along with yours to present a possible motion to court to see if the evidence the government passes legal muster. Essential you proceed to make the best possible decisions now. Good job in seeing the inconsistencies! Best, SharonSee question
I got into a car accidendt over hte weekend involving nobody but myself, and my wife was in the car. THe cops came due to pedestrians/witness calling. I was taken to jail for dui. I blew a .147 at the jail. My license was not punched since it ...
I agree with Scott Lawrence. An excellent source to find an experienced Criminal DUI Defense Attorney is through the National College for DUI Defense. Every year members go through an extensive education program held at Harvard. In addition, the website is full of information for you to browse. Best, SharonSee question
ok i got my first dui when i left a bar one night i drove fine the only reason i got pulled over was because i didnt come to a complete stop when i was leaving the bar. i went to court and they denied me a court appointed attorney and all i wanted...
DUI diversion is a program offered to at times to the accused DUI defendant that has a variety of requirements, including completion of an alcohol & drug evaluation and possible treatment, or completion of an alcohol & drug information school, participation at a victim impact panel, payment of fines and maintain law abiding behavior about one one year, although may be longer If you successfully complete diversion, your DUI charge will be dismissed altogether – no DUI on your record.
But – and this is a big but – you had better finish all your diversion requirements on time, or else your diversion will be terminated and you will be sentenced as though you had simply pleaded guilty.
If you pick diversion, you need to commit to it. While on diversion, that have to keep track that you have completed each requirement.
Should you accept diversion? Only your lawyer can answer that. Your attorney can help you with your DUI – whether your case is one for diversion, dismissal or trial, Good luck.See question
This is my second one in under five years. Blew a .25 and a .24 I read about the manditory jail time of 10 days in flordia. I am worried about more jail time can the state make a deal instead of jail time for an alternatetive sentence house arres...
Penalties for Driving Under the Influence Offenses:
I am not a licensed attorney in Florida, it is critical you contact an experienced Criminal Defense DUI Attorney in your area. I would recommend selecting a skilled lawyer who I a member of the National College for DUI Defense.
Fla. Stat. §§ 316.193(2)(a)(1)(b), 316.193(2)(a)(2)(b), 316.193(2)(a)(3)
For second conviction (within a five year period): Jail sentence of not less than 10 days and not more than nine months; Fine of $500-$1,000; 1 year license suspension; DUI School; 1 year ignition interlock device; 5 years license revocation; vehicle immobilization for 30 days.See question
I was arrested for a DUI at the end of July and requested a hearing from the DOL for my suspension and the hearing is on November 2nd. My lawyer told me that I can still drive until the outcome of the hearing is determined, however, I was pulled ...
I will tell you first you really need to contact your attorney on this and realize that all parties involved possibly are correct. Department of Licensing (DOL) may have not done anything.
The officer that stopped you, you did not mention the teason why you were contacted by the officer. I am assuming you were stopped for a perceived traffic violation, you presented your WA license that has a hole punch in it. You may or may not have the little slip of paper with yellow box indicating a date. If officer saw this and did not do a call to dispatch then an assumption, may have been made about being suspended.
In any event, this all depends on when you have a DOL hearing which is in Nov (you wrote) and since there is a hearing, (BARRING any other reason you would have a license suspicion) the DOL hearing for your DUI case tolls the time of your license in still being good.
Really call your attorney who will know definitively about your case. Best, SharonSee question
I have a warrant for 1st offense DV and also am still going to court to resolve a 1st offense DUI. I want to know what to expect for possible outcomes when I go to court or if I should turn myself in or not. Also does a Bench warrant or arrest war...
I was contacted to answer your question. I see you are listed in Tacoma, yet it is an unknown which court the warrants are in. That is a big factor. Other factors that are an unknown and are very important are the age of the cases, the criminal history that the court has on you. And the question about does a bench warrant or arrest warrant give the police the right to enter and search your home, the answer is yes they can, although on a limited basis with the search.
Over the years I have been amazed at the kind of cases police will go to arrest people. In the past it usually was only for felonies, and now that is no longer the case. There are counties that go through periodic clean up sweeps on outstanding bench warrants. This means officers go and bring in as many folks that are out on outstanding bench warrants as they can.
You can call the various courts you have the outstanding bench warrants and see what information you can get from them that is helpful. What would be helpful if there is a set amount of money of bail already set. Then have a good bail bondsman set up and make arrangements.
Understandably during these times money is tight. With that said, it is critical for you to find an attorney who is skilled coordinating and representing these cases for your best outcome. Right now get all the information you can get and act accordingly. Best of luck to you. Sharon ChirichilloSee question
The police officer asked if I wanted to take the test. I said no. Then he arrested me and read me my Miranda rights. Then I changed my mind and took the test. He noted that I "barely registered" on the machine as I had only a half glass of wine at...
In the years of reading reams of police reports, when an officer stops someone on a traffic violation it can become a full blown DUI investigation if the officer indicates some additonal factors of suspicion such as the following-- an odor of alcohol is detected, (indicates alcohol odor coming from where? and what does this mean regarding level of impairment?); bloodshot watery eyes, (does not matter if its allergies, cold, or crying); flushed face, (again you could be having a cold, or its cold outside or something else); "fumbling" (my ultimate favorite- this one pretty much is in every police report) for driver's license, registration and insurance card.
Any number of these factors can trigger into a full blown DUI investigation. This is where the officer would "ask" you to perform what is called "Field Sobriety Tests." These tests are voluntary. They would consist of what people call an eye/pen test (the formal name is Horizontal Gaze Nystagmus), Walk & Turn (there is a line or you imagine" (another favorite one of mine- being tested on an imagined line) and walk 9 steps do a turn and walk back and One leg stand. There may be other tests the officer may supplement, yet are not recognized as the official Field Sobriety Tests.
And then the final Test in the field before someone is arrested for DUI would be the portable breath test or PBT. It is a handheld device the officer may offer in the field. Again the PBT is "voluntary" and there are no drivers license ramifications at this point as it is not the official breath test done at the police station.
The PBT is the test you are discussing and NOT the official test at police station. The PBT register number would be noted in the officer's report and may or may not be referred to the prosecutor's office for further determination.
The officer pulled you over for following to close and the facts surround that would come into play. If the officer also thought there were other factors of "bad driving" such as weaving, driving over center line, improper lane change or other, hard to know at this point.
Possible citations could be anywhere from the traffic stop reason- following too close (this would be optimal), or negligent driving in the second degree (a traffic violation NOT a criminal charge like a DUI), to criminal charge of negligent driving in first degree (this one is a criminal charge, known as a simple misdemeanor), reckless driving ( a criminal charge, known as a gross misdemeanor and if convicted has a 30 drivers license suspension), or the DUI (worst case scenario, gross misdemeanor with variable license suspension depending on whether level).
You can call the court to see the status to quell concerns. Clearly if you are charge with a crime, you really need an attorney.
And, hopefully, iIf it is for the following too close, you can choose to hire a traffic attorney (can be a good idea to minimize points for insurance reasons ). Or see if court does a deferral, if so, see if you would qualify and then you decide.
Best of luck, Sharon ChirichilloSee question