Legal Question in Criminal Law in Oregon

should i plead for a deversion when my breath test was.00

I was driving a person across town in there car dropping them off and returning. well on the return i was stopped by a cop who ran my lic found that i had a valid c.d.l. no warrents no parol or probation. so he returns with my lic.

and wants me to do field sobriaty.I dont drink ever theres no acohol in the vechical but i agree becasue i asume its no big deal. after i compleated my last test he arrested me for d.u.i. my breath test is .00 no charges are filled for eight months iam given a public devender and she wants me to plead guilty and take a deversion. because its the safest thing to do.What should I do ? thank you--name removed--l cox


Asked on 8/18/03, 3:47 pm

2 Answers from Attorneys
Noel Snyder Law Office of Noel Snyder

Re: should i plead for a deversion when my breath test was.00

I agree. You do not have to follow the advice of your attorney. Diversion is a safe route. Of course you did not say how you did on the FST, the officer's articualted observations of your behavior, the reason for the stop, etc... But if all of these facts are in your favor it is my expereince in DUII trials that juries focus on the BAC. If it is 0.00 they beleive this is objective evidence. Whereas a person's performance on FST test can be affected by a number of factors other than intoxication. Remember, State's burden of proof, presummed innocence, reasonable doubt. Good Luck.

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Answered on 8/19/03, 2:43 pm
Matthew Kaplan Kaplan Law, LLC

Re: should i plead for a deversion when my breath test was.00

It is always risky to reject a diversion, but if you blew .00, passed the UA if asked to take one, and had no other controlled substances in body, and did well on FST, then I would go to trial.

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Answered on 8/18/03, 4:35 pm


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