Reasonable suspicion is an unfortunately low standard. You really should consult with an attorney, tell him or her your full story and see how it will play out in the DUI case. Your lawyer can then assess whether the stop was lawful.
My responses to posts on AVVO are not legal advice, nor do they create an attorney-client relationship. In order to provide true (and reliable) legal advice, an attorney must be able to ask questions of the person seeking legal advice and to thus gather the appropriate information. In order for an attorney-client relationship to exist, you and I both have to agree the the terms of such an agreement.
Oregon law carries severe consequences for the crime of DUII. You owe it to yourself to consult with an attorney who handles these cases on a regular basis. In many cases, there are steps that need to be taken immediately in order to protect your rights. For example, most Oregon DUII cases involve a suspension of the driver's privilege to operate a motor vehicle pursuant to Oregon's Implied Consent Law. In order to challenge the proposed suspension, legal notice must be furnished to the State within the first 10 days following the incident.
Contesting the Implied Consent Suspension will include an administrative hearing, at which defense counsel will be able to cross examine the police officer concerning all aspects of the incident, including the cause for the officer's interference with the suspect's freedom. As a result of the work we have done at the stage of the administrative hearing, we have been able to make DUII charges go away. So do yourself a favor. Consult with a qualified and experienced DUII defense attorney immediately.
And here's some other valuable advice. You absolutely should not post information about your incident on an Internet forum such as this. Your posting can be read by the police, the prosecuting attorney, and the judge. They are not on your side. Posting information about your case is unwise. Confide only in your attorney. Consultation with your defense attorney is confidential. Posting information about your case online is unwise.
We defend clients on DUII matters all the time. For a free and confidential consultation, please feel free to contact our office.
Interesting issue. Oregon case law says that failure to maintain a lane for a substantial distance, although not a Vehicle Code violation, can give rise to reasonable suspicion for DUII. So we're writing on a blank slate here, which is often the nature of DUII law. For you, the answer is: it depends. What time of day is it? Are you parking at a bar? Did you stumble and slur as you spoke to the officer? Will he say you had red / watery / bloodshot eyes? Bottom line, you need a good DUII lawyer, sooner rather than later. Don't forget about the 10-day DMV deadline to request a hearing. Any DUII lawyer can and should do that on your behalf.
Great answers from smart lawyers here. I just want to add -- a DUII lawyer will want to sit down with you and hear EVERYTHING about your case, where you were beforehand, what you had to drink, and what your eventual breath test showed. As Mr. Cogan notes, that is all information that should be discussed in the confines of a lawyer's office. Call a good one and set an office conference now.
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