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Oregon DUI and DWI Legal Questions

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8 legal questions have been posted about dui/dwi by real users in Oregon. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include criminal law, theft, and weapons charges. All topics and other states can be accessed in the dropdowns below.
Oregon DUI and DWI Questions & Legal Answers
Do you have any Oregon DUI and DWI questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 8 previously answered Oregon DUI and DWI questions.
DUI/DWI
Oregon

Recent Legal Answers

What are the years charged for manslaugter 2nd and assault 1st?

Answered 11 years and 7 months ago by Mr. Randall W Snow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Both crimes are subject to Ballot Measure 11 mandatory minimum sentences.  If convicted of Assault 1, the sentence would be 90 months.  Manslaughter 2, when DUII related, is 75 months.  The total sentence would depend on multiple factors. 
Both crimes are subject to Ballot Measure 11 mandatory minimum sentences.  If convicted of Assault 1, the sentence would be 90 months. ... Read More

how do I find out if its legal to drive your pet to a vet if i dont have a drivers license? how do I find out if its against our 4th amendment

Answered 11 years and 7 months ago by Mr. Randall W Snow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
If you do not have a driver license in Oregon, then it is against the law to drive.  Under extreme emergency situations, a person may be able to put forth a "choice of evils" defense.  Under Oregon law, police officers can lawfully run anyone's plates.  If the registered owner is suspended, under most circumstances the officer can lawfully conduct the traffic stop.... Read More
If you do not have a driver license in Oregon, then it is against the law to drive.  Under extreme emergency situations, a person may be able to... Read More

I got a DUII and am 20. I blew .06, under offense the box is checked that says "no culpable mental state." what does that mean?

Answered 11 years and 7 months ago by Mr. Randall W Snow (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Most crimes require a mental state and associated conduct.  For example, crimes can be committed "intentionally," "knowingly," "recklessly."  However, the crime of DUII does not require a mental state.  Put differently, the state is not required to prove that you "knew" or "intended" to be under the influence and drive.  Your understanding that Oregon is a "zero tolerance" state is incorrect.  The DMV can suspend your license for having a breath test above .00%, but that does not mean you are guilty of DUII.  In fact, the .06% BAC is persuasive evidence that you were not under the influence. ... Read More
Most crimes require a mental state and associated conduct.  For example, crimes can be committed "intentionally," "knowingly,"... Read More

Will the case be thrown out if I recently got charged with my 1st DUI and I just found out the arresting officer got fired for drinking on the job?

Answered 12 years and a month ago by Hudson Thomas Bair (Unclaimed Profile)   |   8 Answers   |  Legal Topics: DUI/DWI
That will depend on your DA, the best case scenario is the case gets dismissed, the worst case is that you proceed to trial and the State has to put the officer on the stand and the Jury gets to decide what they think of the officer and his testimony. You should subpoena him for your DMV hearing too, that could be very informative.... Read More
That will depend on your DA, the best case scenario is the case gets dismissed, the worst case is that you proceed to trial and the State has to put... Read More

Will the case be thrown out if I recently got charged with my 1st DUI and I just found out the arresting officer got fired for drinking on the job?

Answered 12 years and a month ago by Mr. Robert E McCall (Unclaimed Profile)   |   8 Answers   |  Legal Topics: DUI/DWI
Possible, but States Attorney likes to bluff. If they proceed you will need an attorney to fight for dismissal.
Possible, but States Attorney likes to bluff. If they proceed you will need an attorney to fight for dismissal.

Will the case be thrown out if I recently got charged with my 1st DUI and I just found out the arresting officer got fired for drinking on the job?

Answered 12 years and a month ago by Michael J. Breczinski (Unclaimed Profile)   |   8 Answers   |  Legal Topics: DUI/DWI
Well that depends on it the officer obeys a subpoena and comes to court to testify.
Well that depends on it the officer obeys a subpoena and comes to court to testify.

should i go talk to a cop to redo paperwork? he wrote a court date down on a day the courts will be closed and is eager to redo paperwork with me!

Answered 12 years and 3 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
It is either that or he is tricking you into coming to the station to arrest you on another warrant that he found. If you have no other cases, he may be telling you the truth. 
It is either that or he is tricking you into coming to the station to arrest you on another warrant that he found. If you have no other cases, he may... Read More

What should I do if my attorney refuses to file a motion to dismiss stating I had no memory of the events?

Answered 12 years and 11 months ago by James Edward Smith (Unclaimed Profile)   |   5 Answers   |  Legal Topics: DUI/DWI
Hire another attorney.
Hire another attorney.
DUI/DWI
Oregon

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