If you have been cited or arrested for DUI in Oregon, there are several ways to have the case dismissed. They include:
No Charges Filed
Technically speaking, this is not a case ‘dismissal’ since there are no DUI charges filed. In some instances, an Oregon prosecutor could receive a police report detailing a driving under the influence investigation, but the prosecuting attorney decides not to file a suit. Examples of such instances include investigations in which: (i) evidence of impairment by alcohol or drugs is lacking, (ii) there’s contradicting or limited evidence as to who was driving a suspect vehicle, (iii) the police did not see the suspect driving and cannot prove that the suspect was actually driving a car while under the influence, or (iv) there’s a legal issue with the case (such as a violation of the suspects constitutional or statutory rights, an unlawful stop, or the driving was on private property and not in public.)
Convince the DA’s Office to Not File a DUI Case Against You
Contrary to what you see in legal TV shows and movies, it is unusual for defense attorneys (even the very best defense attorneys) to stop a prosecutor in the hallways of a courtroom or call them on the phone and convince them not to file a specific DUI case. In most cases, if the prosecutor has the evidence needed to file a DUI case, they’ll do it. However, there are situations in which prosecutors can be convinced to dismiss a particular case, and are usually the same ones the prosecutor should not have filed the suit in the first place (such as those mentioned above.)
Convince the DA’s Office to Dismiss Your Case
This is another scenario that is often depicted wrongly in legal TV shows and movies. We have all seen TV shows where a skilled defense lawyer tells the prosecutor that they have a weak case and that they are better or smarter than the prosecutor, after which they suggest that the prosecutor drops the case because they’re going to lose anyway. As a former (experienced) prosecutor and a current DUI attorney in Oregon, I can tell you that that is not how things work. When a defense attorney challenges a prosecutor by telling them that they cannot win, it just intimidates them and makes them want to prove they can. Nevertheless, in rare cases, a knowledgeable DUI Law Firm in Oregan could make the prosecuting attorney see that their case has legal or factual problems, convincing or forcing them to dismiss the case. However, it is worth noting that, in Oregon, prosecuting attorneys can’t dismiss drunk driving charges in return for appeals to other charges. While DUI charges in some states can be pleaded down or dismissed, in Oregon, there is a statute that forbids this.
Motion to Suppress
This is a legal challenge to a suit (before it goes to trial) that could result in evidence that’s been obtained unlawfully being excluded or suppressed at trial. If the prosecuting attorney cannot be convinced to dismiss a driving under the influence case with legal or factual problems, he or she can be forced to dismiss the suit after a ruling by the court if their evidence is so limited that they can’t obtain a conviction. For instance, if the police stopped the driver unlawfully, the entire case would most likely be dismissed. If the evidence of the defendant’s Standardized Field Sobriety Test was illegally obtained, the prosecutor might lose almost all of his/her proof of impairment. If the Intoxilyzer 8000 breath test evidence was illegally obtained or is flawed, the prosecuting attorney might end up losing all of his/her evidence of a blood alcohol concentration greater than 0.08.
Motion to Dismiss Due to the Case Taking Too Long
This one is a long-shot considering that a majority of DUI cases in Oregon are resolved within a very short period. However, if your DUI case has delayed for an unreasonably long period, your attorney could file a motion to dismiss the case and have it dropped for violating your constitutional or statutory rights to a speedy trial. It is worth noting that, as of 2014, statutory rights to a speedy trial can be eliminated by legislation pending approval.
Acquittal
Technically speaking, acquittals are not dismissals. However, their legal effect is quite similar. Let’s say your DUI case is tried in Oregon before a jury or judge and it is ruled that you are not guilty and are acquitted, the charges filed against you would be dismissed, and your DUI case will not be filed again.
Diversion
Diversion is how a majority of driving under the influence cases in the state are dismissed. For more information about Oregon’s DUI diversion program.
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