I plead guilty and was convicted of DUII 3rd offense in the state of Oregon. I want to find out if there as any actions I can take given that during the DMV hearing to petition my license suspension, the conclusion of law was that Officer **** was not qualified to administer the breath test under ORS 8 1 3. 1 60.
The opinion was that "To qualify' for training and to
obtain a permit for the operation of approved breath testing equipment, an individual must be a
police officer as defined in ORS 801.395 or a trained technician of the Oregon State Police. The
term police officer includes reserve police officer." OAR 257-030-0080(2). and Officer **** is employed by the United States Forest Service as a Law Enforcement
Officer. He is not cross-assigned to a state or local police force and has not been deputized by
any Oregon Sheriff. He is authorized to make arrests for certain state law violations pursuant to
ORS 133.225 and ORS 133.245.
This breathalyzer result was taken into account in my conviction and I feel more severe punishment as well as on file during evaluation for a treatment recommendation. Have I been wronged and can I do anything?
I'm afraid that it may be too late if you have already been convicted (guilty plea). If you hire a lawyer, you might be able to seek to have the guilty plea withdrawn and change the plea to not guilty, but that is by no means certain.
This comment is general in nature and is not intended as legal advice. It does not create an attorney client relationship and obviously is not confidential. You should contact an attorney in your area who can review with you all of the relevant facts and give you specific legal advice.
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