DUI Cases Can Be Won
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Blood Test Result Is .20, Trial Result Is 'Not Guilty' |
State v. ___
Jury Trial Result: NOT GUILTY OF DUI A man police accused of driving while under the influence of alcohol, and whose blood-alcohol level was proven to be more than two-and-a-half times the legal limit, was found not guilty by a jury. The man refused to perform standardized field sobriety tests. The arresting officer stated that he had probable cause to make an arrest. At the jail, after his arrest, the man refused to provide a breath sample. Police obtained a warrant and took him to a hospital, where blood was drawn. Blood samples were sent to the Oregon State Police crime lab. The results were returned with scientific evidence that the man’s blood-alcohol level was over .20 percent. In court, the man pled NOT GUILTY. The case went to trial before a jury. The district attorney put on the state's evidence. The driver did not testify. Following a one-day trial in Medford, the jury returned a verdict of NOT GUILTY. The driver now may have the record of his arrest expunged. |
Jury Finds Commercial Airline Pilot Not Guilty |
State v. ___
Jury Trial Result: NOT GUILTY OF DUI A commercial airline pilot was acquitted by a jury of the crime of driving under the influence of alcohol, after police alleged the man had left a downtown parking lot and drove the wrong way on a one-way street in the early morning hours. Police administered field sobriety tests. The driver admitted to having consumed “two or three beers." In custody, the driver refused to provide a breath sample. As a commercial airline pilot, the driver faced the loss of his profession and licenses, in addition to criminal penalties, if the state obtained a conviction. He pled “not guilty.” The case went to trial before a jury. The district attorney put on the state's evidence, which included video evidence. The driver chose to testify. He told the jury the circumstances of his mistaken turn onto a one-way street, recounted his immediate action in correcting his error, and challenged the police statements that he appeared to be “impaired.” He prevailed. Following a one-day trial in Medford, the Jury returned with a verdict of NOT GUILTY. The driver now may have the record of his arrest expunged. |
Foreign Resident, Arrested for DUI in Ashland, Found Not Guilty |
State v. ___
Jury Trial Result: NOT GUILTY OF DUI A driver who was stopped for speeding after 2 a.m. in downtown Ashland quickly found himself facing immigration problems when police arrested him for Driving Under the Influence of an Intoxicant. The driver refused to perform standardized field sobriety tests. The arresting officer stated that he had probable cause to make an arrest, based on an odor of alcohol, slurred speech, and bloodshot eyes. The police officer arrested the driver by the roadside near downtown Ashland, placed him in handcuffs, and took him to the Jackson County Jail, in Medford. At the jail, the driver refused to provide a breath sample. The driver, a foreign national, faced the possibility that his opportunity to remain in the United States would be lost if he was found guilty of DUI. With eight years of legal residency and a pending citizenship application, the driver chose to take his case to trial. The case went to trial before a Jury. The District Attorney put on the State's evidence. The driver did not testify. Following a one-day trial in Medford, the Jury returned with a verdict of NOT GUILTY. The driver was licensed in New York state. His refusal to submit to a breath test has had no effect on his New York license. The driver has had the record of his arrest expunged. |
Trooper Calls Woman on Cell Phone, Orders Her to Stop Driving |
State v. ___
Case Set For Trial by Jury Result: CASE DISMISSED In this Douglas County case, one woman, traveling in a motor home with another woman, answered her cell phone and was surprised to hear that she was getting a call from an Oregon State Police trooper. The trooper said he had taken a report from a log truck driver who had complained about some bad driving. The women, who were miles away when the trooper called them, were puzzled. The trooper said he was now by the side of the road with a man who said he was married to one of the women. The man also expressed puzzlement. On the phone, the trooper commanded the women to stop. He said they should pull over and wait for him. They women obeyed. A dash-cam video shows that the trooper sped for miles across Douglas County, on a two-lane, where he eventually found a motor home, stopped by the side of the road, as he had ordered. After some odd conversation that would culminate in a video and a police report, the trooper arrested one of the women, who provided a breath sample. The case continued in Douglas County Circuit Court for over two years. The defense filed motions to suppress and motions to dismiss, arising from a defective video and other flawed evidence. The woman who was charged with DUII steadfastly refused to admit her guilt and traveled to Douglas County on many occasions to reaffirm her Not Guilty plea. Several times, the case was delayed and then reset for trial. Finally, in the week before trial, the Court and the District Attorney declared the case dismissed. The driver may now have the record of her arrest expunged. |
Exchange Student Arrested on I-5 Found Not Guilty of Marijuana DUI |
State v. ___
Jury Trial Result: NOT GUILTY OF MARIJUANA DUI A foreign exchange student from Kuwait was traveling south on Interstate 5. An Oregon State Police trooper noticed that a tail light was out on the driver's rented car. And pulled the car over. The driver identified himself with a Croatian international driver license. The trooper reported that he could smell "an overwhelming odor of marijuana coming from the vehicle." The driver admitted smoking marijuana but told the trooper he "wasn't high right now." The trooper placed the driver under arrest, and transported him to the Medford "sobering facility." After the driver blew 0.00 percent on a breath test, another officer, known as a "drug recognition evaluator," was called in to perform more tests and offer an opinion on any drugs that may have caused the driver to be impaired. The drug recognition evaluator asked the driver if he had used any drugs recently. The driver said he had smoked pot. The evaluator asked the driver to perform a series of tests, and the driver complied. After the tests, the evaluator said he thought the driver was under the influence of pot. The driver provided a urine sample that confirmed the presence of marijuana metabolites. The driver declined an offer for diversion and took the case to trial. At trial, a jury found the driver Not Guilty of DUI. The driver may now have the record of his arrest expunged. |
Klamath Jury Finds Driver Not Guilty of DUI at .09 BAC
State v. ___
Jury Trial Result: NOT GUILTY OF DUI A woman was visiting Klamath Falls for her high school reunion. She was stopped by State Police in downtown Klamath Falls for a lighting violation on her rental car. Police arrested the driver on a charge of driving under the influence of alcohol. A breath test showed a blood-alcohol level of .09. Following a two-day trial, a Klamath County jury found her NOT GUILTY. The driver may now have the record of her arrest expunged. |
Alcohol Plus Marijuana Equal Not Guilty |
State v. ___
Jury Trial Result: NOT GUILTY OF DUI Police stopped an out-of state driver for a wrong turn onto one-way street in Medford and made an arrest for DUI. Following the first court appearance, client returned to Oregon to plead NOT GUILTY of DUI. Police and district attorney alleged client was under the "combined influence" of alcohol and marijuana and brought in scientific evidence in support of the charge of DUI. A police officer and a "drug recognition expert" conducted tests, prepared scientific evidence and testified at trial. After a two-day jury trial, the jury found the driver not guilty on the charge of DUI. The driver may now have the record of her DUI arrest expunged. |
'Attempted DUI' Verdict Clears Driver of DUI Charge
State v. ___
Jury Trial Result: NOT GUILTY OF DUI Defendant was charged with the crime of Driving Under the Influence of Intoxicants. Not guilty plea was entered and the case went to trial for two days before a jury. Defense requested special instruction allowing the jury to find that Defendant only had attempted to drive. Client found guilty only of "Attempted DUI" (a lesser offense). Defendant kept his driver's license and was not sentenced to jail time. He was fined $500 for conviction on the lesser offense. |
Driver Found Not Guilty After Turning Down Diversion on Controlled Substance DUI |
State v. ___
Jury Trial Result: NOT GUILTY OF DUI Driver was accused by Oregon State Police and charged by the prosecutor with DUII – Controlled Substance. The state offered diversion, but the driver refused to take a deal. The case went to trial before a Jury, and the Jury returned a verdict of not guilty. |
​Jury Finds Driver Not Guilty of Driving Under the Influence of Narcotics |
State v. ___
Jury Trial Result: NOT GUILTY OF DUI Following a two-day trial, the jury returns a verdict of NOT GUILTY on the charge of driving while under the influence of a prescription narcotic. |
Rolled-Over Pickup Leads to Charges of DUI, Reckless Driving, Hit and Run -- and Verdict of Not Guilty |
State v. ___
Jury Trial Result: NOT GUILTY OF DUI Oregon State Police responded to reports of bad driving in an open, rural area. Troopers arrived to find a rolled-over pickup truck at the scene. An hour later, police found the driver, hiding in a patch of weeds. The driver refused to take field sobriety tests. Police arrested him. The driver also refused to take a breath test. He was charged with DUI, Reckless Driving and Failure to Perform Duties of a Driver ("hit and run"). The charge of "hit and run" was dismissed by the Court after a hearing on a Motion to Suppress filed by the defense. At trial, the jury came back with a verdict of NOT GUILTY on the count of Driving Under the Influence of an Intoxicant. The judge concluded there had been reckless driving but imposed only minimum fines. The driver paid a $100 fine for the violation of refusing a breath test. |
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