WTB: Defense Attorney

[spengo]

Ok, sitrep time. Talked to Thuemmel and he thinks that the DA will toss it out without me having to do anything at all. He says I should definitely not do the DUI program thingy and have it taken off my record cuz then it still goes on my sort-of record. If they don't toss it out at my hearing he says to give him a call then and he'll go kick their butts in court.

My adorable car is on the way to the shop and I should be zoomin' around in it again soon.

 

[PlayboyPenguin]

spengo,

I do not want to seem rude or mean spirited, but I think people like you need to face the consequences of their actions. By that I mean grown men that drive Miatas should be prosecuted and publicly humiliated. When I went and bought my Mazda I did NOT drool over a little silver MX-5 Touring model hardtop and almost buy it instead of the four door car I needed for transporting the new kids...and my other half did NOT have to talk me out of buying the MX-5 and just buying the kids buss passes instead. No matter what he claims.

 

[spengo]

Hehe, I'm a bachelor so I don't have a need for a family car. I mostly got it because it's the cheapest car that is competitive on the track and I wanted to join the SCCA and get into motorsports. One thing you can even do in your family car that I highly recommend is autocross. It's a low-speed precision-based sport--very safe, you won't get up over 40mph. It's dominated by short wheelbase lightweight cars like the miata, elise, or cooper mini but if you just wanna have some squealy-tire fun you can do it in any car. The only safety equipment you need is a helmet and a car that isn't like, leaking gas or something. Wears out your tires I guess, but totes worth it.

 

[iusmc2002]

spengo,

I do not want to seem rude or mean spirited, but I think people like you need to face the consequences of their actions. By that I mean grown men that drive Miatas should be prosecuted and publicly humiliated. When I went and bought my Mazda I did NOT drool over a little silver MX-5 Touring model hardtop and almost buy it instead of the four door car I needed for transporting the new kids...and my other half did NOT have to talk me out of buying the MX-5 and just buying the kids buss passes instead. No matter what he claims.

So since you're a stay-at-home mom, I'm going to guess your Mazda was a minivan and not something fairy sporty like the Mx-3 or 6?

 

[PlayboyPenguin]

So since you're a stay-at-home mom, I'm going to guess your Mazda was a minivan and not something fairy sporty like the Mx-3 or 6?

I got the Mazda 3 touring edition. I liked it because I could get it fully loaded (except for a sunroof...those just take away head space and make me feel like the ceiling is in my line of sight) for a price I could still afford to pay cash for at the time. I did get the 2.5 liter engine instead of the 2.0 or 2.3 since I still had to have a little fun.

 

[mkwerx]

Spengo - what were the road conditions when you had your incident? Wet pavement? The rear wheel drive miata will slide pretty easy when goosed on wet pavement. You said you were getting onto the freeway. Freeway + Lake Oswego means either the Lower Boones Ferry Exit, Carmen Drive, or the I-5/217 interchange. The first and last are pretty easy to loose traction on wet pavement if you apply too much power. Given the low temps we've had the last few days - I wouldn't even rule out icy pavement. Any vehicle will slide on ice regardless of front, rear, or all wheel drive. Cop should have taken that into account? If he didn't - the DA should. Hope you don't NEED the services of the lawyer, but taking your story at face value - I hope this nonsense goes away for you.

I've seen first hand the results of DUII crashes, and I support tougher sentances for people who really are drunk behind the wheel. While I've worked a number of accidents caused by texting drivers - none have involved serious injuries, and none have caused fatalities. DUII drivers on the other hand were responsible for almost every fatal crash I've cleaned up.

 

[spengo]

Spengo - what were the road conditions when you had your incident? Wet pavement? The rear wheel drive miata will slide pretty easy when goosed on wet pavement. You said you were getting onto the freeway. Freeway + Lake Oswego means either the Lower Boones Ferry Exit, Carmen Drive, or the I-5/217 interchange. The first and last are pretty easy to loose traction on wet pavement if you apply too much power. Given the low temps we've had the last few days - I wouldn't even rule out icy pavement. Any vehicle will slide on ice regardless of front, rear, or all wheel drive. Cop should have taken that into account? If he didn't - the DA should. Hope you don't NEED the services of the lawyer, but taking your story at face value - I hope this nonsense goes away for you.

I've seen first hand the results of DUII crashes, and I support tougher sentances for people who really are drunk behind the wheel. While I've worked a number of accidents caused by texting drivers - none have involved serious injuries, and none have caused fatalities. DUII drivers on the other hand were responsible for almost every fatal crash I've cleaned up.

I-5/217 interchange, wet. The freezin' rain had just started though I wouldn't call the surface icy quite yet. Rear wheels slipped right out from under me.

 

[mkwerx]

I-5/217 interchange, wet. The freezin' rain had just started though I wouldn't call the surface icy quite yet. Rear wheels slipped right out from under me.

Kind of what I figured. Cop must've been really bored, or had a hard on for taking someone to jail that day and you were an "easy" mark. Common sense would dictate that wet pavement covered with slushy freezing rain + performance RWD car + a bit too much pressure on the gas pedal = crash. Top it off, if he thought you failed the SFST - is it possible that the road surface was a bit slippery and your balance was off because of that?

I bet your atty is right - the DA is going to dump that charge like a bad habit. Good luck.

 

[UAV]

The very best. I used them over 20 years ago and they were incredible.
Thuemmel & Uhle: DUII Attorney Portland, Oregon | Multnomah County DUI Attorneys

+1

 

[rolandson]

John Henry Hingson in OC. He wrote the book on DUII defense in Oregon. He will be extremely expensive. He will be worth it.

 

[Swedish K]

Good to see that you have consulted with some attorneys. It is amazing how some officers are quick to arrest and let the courts sort it out at the expense of the taxpayers. About 20 years ago back in Colorado I made the mistake of driving through town on the known cruise strip at about 10:00 on a Friday night. A bored officer decided to pull me over for "crossing over the dotted line" (two lanes each direction with a raised median between north/south) You could not see the dotted line as the road was completely covered in hard pack snow. She asked me if I had had anything to drink that day and I made the mistake of saying I had one beer at lunch. Road side test was all good - until she told me to follow the blue pen cap with my eyes - it wasn't blue it was black so I made the mistake of pointing out that it wasn't blue - immediately cuffed up and hauled off. Glad I got an attorney - after explaining to the prosecution that the lines were under the snow and I was cleared on the breathalyzer test they wanted me to "graciously accept" the offer of pleading no contest with deferred sentencing, 40 hours community service, and a 3 month DUI class... not likely. Attorney got the entire case thrown out and judge agreed to have the arrest expunged from my records.

Spengo - as you stated - if the case doesn't get thrown out at initial hearing definitely lawyer up.

 

[mat33]

As someone who has an alcohol related driving charge...

Thanks, Jimmy, for having the courage to open up and share your experience, which the rest of us can learn from. I'm sorry for all the flack you're catching when all you were doing was trying to help.

To all the Jimmy flamers - I like how you run fast and loose with those sloppy MADD statistics the same way Brady and MAIG do when they try to take your guns.

 

[python287]

Try Tony Pizzuti - Attorney in Canby I believe !

 

[doubletapJim]

Was the arresting officer really tall? Like a few inches shy of 7 feet tall?

 

[Arnolzza]

How valid is field sobriety test after an accident? I mean, anyone would feel shaky on their feet after hitting a traffic sign...

 

[Aero Denezol]

If the officer on the scene determines you were impaired you can get a DUI for .01, absolutely! .08 is simply the legal limit at which they're compelled to haul you off.

I'm willing to bet on any given night 99.99% of the thousands who drive home after a couple of beers do so without incident. The penalty is far too severe in my opinion. The fines are not nearly in line with other equally dangerous activities like driving while texting, 'racing', or speeding.

DUI laws are a sham. The media and the politicos will exploit a tragedy to whip up the public every time. As gun owners we oughta be especially sensitive to that.

 

[Blitzkrieg]

Are you sure he arrested you for an actual DUI or for driving a Miata? One's a crime, and one should be

Sorry, couldn't resist. Good luck my friend, I hope the BS gets dropped

You get the post of the day award

 

[Blitzkrieg]

If the officer on the scene determines you were impaired you can get a DUI for .01, absolutely! .08 is simply the legal limit at which they're compelled to haul you off.

I'm willing to bet on any given night 99.99% of the thousands who drive home after a couple of beers do so without incident. The penalty is far too severe in my opinion. The fines are not nearly in line with other equally dangerous activities like driving while texting, 'racing', or speeding.

DUI laws are a sham. The media and the politicos will exploit a tragedy to whip up the public every time. As gun owners we oughta be especially sensitive to that.

This is a great post IMO.. while I hate sloppy, out of control drunks and people who do not know their limitations you made some great points

 

[spengo]

Well, thought I'd give you guys an update on the resolution, I hired Mr. Thuemmel and in the end charges dropped and I'm good to go.

 

[bikejunkie]

My adorable car is on the way to the shop and I should be zoomin' around in it again soon.

That's unfortunate...