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I was arrested for duii and submitted to breath tests with the intoxilyzer 8000. They took two samples. First was 0.209 second was .179. This seems like a big difference for tests only 3 minutes apart. Do I have anything here?
Three minutes is not enough for that type of decrease. Your attorney can subpoena the records on that machine....
All, Please help me here very urgent, I got 8 months old DUI arrest. I believe officer didn't file my case in court. They gave me court date after 4 days on arrest, when i went to court, they don't have my papers. I oredered court document and police report for my records a week back, court says "no record found" and police report just stats my "arrest record" I understood that one cannot file expungement after DUI conviction and DUI diversion. But one can file if case is dismissed for any reason. Am i eligible for expungement after 8 months arrest, or do i need to wait for 2 years (as Oregon has 2 years time-period), Please help here, I need to go to out of United State for VISA stamping in coming months. Will it be a problem if i go for stamping in this case ?
An unfiled DUI charge with only an arrest should not prevent you from a visa stamping abroad, however, if requested...
I was released with out seeing a judge and didn't have to post any bail, upon release they said I'd be contacted in 1-2 weeks ,that was in August, I still haven't heard from them.
Try to check the states public docket for any warrants. Even if charges were delayed they should have been filed by now....
I received a DUII in Oregon (Washington County), but was NOT driving at the time. Can they cite DUII based on conversation?
My girlfriend and I were pulled over in front of a driveway that leads to a house. A car rolled up behind us. I thought it was just a car who wasn't going around me. I turned my car on to auxiliary to roll down my window and stuck my hand out to wave them by. I then saw the lights of the cop car and rolled down the passenger window (Note: Only the back portion of the light bar was on, not the front). The officer ask what we were doing, where we were coming from, and then asked if we had been drinking because he smelled alcohol. He asked for my insurance and my drivers license. After coming back, he asked me to step out of the car, spoke with me on my drinking (said 4 whisky sodas over a few hours) He asked me to perform sobriety tests. I completed and he put me under arrest for DUII.
Yes you can be cited even though the officer didn't witness any driving as long as there is evidence that you were...
I had exactly one beer at the bar and went to drive home. I was pulled over almost immediately leaving said bar. They said I was swerving which could not be further from the truth. The deputy said he smelled alcohol, and I said I had a beer about 20 minutes ago. I got out, did the field sobriety test and did well according to the officer. Well, they still insisted I went in the station for a breathalyzer. I blew a .02 first time. They thought the machine was malfunctioning and had be blow again. Same outcome (.02). The younger sheriff said he would give me a ride home just to be sure I got home safe (maybe he too thought the machine was broken (?)). As he pulled up to my place, a senior officer radioed him, who was not even a party to the situation, told him to charge me with DUII. What?
Retain an attorney who handles DUI cases.
A number of months ago I was arrested for DUI in Southern Oregon. Released after I blew a 0.01 on the Breathalyzer at the station, and they took a urine sample. I showed up to the date on the citation and was told by the clerk that no charges against me had been filed. I called the DA’s office about a month later and they said they rejected the case, I’m assuming because there was no drugs in my urine. I haven’t gotten any letters or anything else from the DA. My question is: at this point am I just waiting to see if they change their mind or want to charge me with a lesser charge? And how long do they have to do that? Thank you
The DA has 2 years to charge you with misdemeanor DUII, 3 years for felony (felony requires at least 2 prior in the...
The first DUI offense was a DUI accident 9 1/2 years ago and the other party was injured. The second offense involved an accident and reckless endangerment and is awaiting trial. Time has been served upon arrest. What kind of sentencing/conviction should be expected under these circumstances? Both arrests were in Clackamas County.
Without knowing the specifics of the incident it would be hard to make an educated guess as far as jail time. You need...
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