Son arrested for DUI last night

[stanford's girl]

I live in Portland, Oregon and my 22 year old son was arrested last night at 1:00am for a DUI. He and his girl friend were stopped by Officer #1 and a trainee because his headlights weren't on. Son gave Officer #1 his license and registration. Officer #1 immediately asked if he had been drinking and son was honest and said he had 3 beers since 8:00pm. Officer #1 asked him to get out of the car and talked to him for about 20 minutes. Son was not beligerent or disrespectful in any way and Officer #1 told his girlfriend that he would not be arrested.

A 2nd Officer arrived on scene after about 20 minutes and that Officer immediately arrested him. He was NOT giving a field sobritey test by either Officers and was NOT read his Miranda rights. Officer #2 took him to the police station and son asked to make a call to get council from us before taking the breathalizer. Sadly, we have just changed our phone number and since he didn't have his cell phone with our number in it, he wasn't able to get through to us because he didn't have our new number memorized.

Officer #2 said that son's time was up for phone calls and since he wasn't able to get a hold of us, that he would put down that he refused the breathalizer. Son told Officer #2 that was not true because he NEVER said he refused to take it. Officer #2 did NOT ask him to take it then. Officer #2 then took him to MCDC where he was booked for DUI and Reckless Driving, both misdemeanors.

On the paper work son was given upon release this morning, the box that says refused breathalizer is NOT marked, nor is blood or urine. My son does not have money for an attorney and neither do I. What can he do himself to help fight this?

 

[Isis1]

First off, he was not legally required to be read his Miranda rights. Second, you weren't there. You only know what he chose to tell you. Your son admitted to drinking. And he was driving. Not a good start thus far. Driving without headlights at 1:00am is a REALLY good indicator someone is drunk.

As far as the breathalyzer, there may be an opening. He could either research the laws to see if he meetsthe requirements for a DUI charge, or he can hire an attorney. Some attorneys do a payment plan, some do bundles services, and he can see if he qualifies for a public defender.

 

[stanford's girl]

First off, he was not legally required to be read his Miranda rights. Second, you weren't there. You only know what he chose to tell you. Your son admitted to drinking. And he was driving. Not a good start thus far. Driving without headlights at 1:00am is a REALLY good indicator someone is drunk.

As far as the breathalyzer, there may be an opening. He could either research the laws to see if he meetsthe requirements for a DUI charge, or he can hire an attorney. Some attorneys do a payment plan, some do bundles services, and he can see if he qualifies for a public defender.

You're right, I wasn't there but his girlfriend was and I talked to her. He was driving her car which have the headlights automatically come on when you start the car. He is used to driving his car where you have to turn them on and when he did that it turned her lights off. They had only gone 2 blocks when the officer pulled them over.

How does he find out if he qualifies for a public defender? He is a full time college student and works 3 nights as a waiter.

 

[stanford's girl]

Also, is there any way to find out if either police cars had a dashboard camera or if there was a camera in the room when he was being questioned at the police department?

 

[Isis1]

Yeah, the girlfriend part. How drunk was she? What makes her an unbiased witness? Those are questions your son has to contemplate before being asked by a judge.

Any evidence wanted by the defendant will have to be requested during discovery.

He would have to appear at his hearing and request a public defender. He would then be financially evaluated.

 

[artbuc]

You're right, I wasn't there but his girlfriend was and I talked to her. He was driving her car which have the headlights automatically come on when you start the car. He is used to driving his car where you have to turn them on and when he did that it turned her lights off. They had only gone 2 blocks when the officer pulled them over.

How does he find out if he qualifies for a public defender? He is a full time college student and works 3 nights as a waiter.

Hmmm, let's see. Just changed your land line number so your son did not yet have it memorized. Girlfriend's car had new-fangled auto headlights which fooled your son into thinking he could see in the dark. Had only driven two blocks without headlights. Only had 3 beers since 8pm. I'd say your son is one unlucky fella.

 

[CdwJava]

I live in Portland, Oregon and my 22 year old son was arrested last night at 1:00am for a DUI. He and his girl friend were stopped by Officer #1 and a trainee because his headlights weren't on.

So, the stop was valid.

Son was not beligerent or disrespectful in any way and Officer #1 told his girlfriend that he would not be arrested.

Either she misunderstood, or officer #1 was an idiot for saying such a thing. Perhaps it was, "He's not under arrest, don't worry."

A 2nd Officer arrived on scene after about 20 minutes and that Officer immediately arrested him. He was NOT giving a field sobritey test by either Officers and was NOT read his Miranda rights.

How do you know that no FSTs were done? If arrested for DUI the officers will have to articulate some probable cause to believe that the lad was driving while impaired on drugs or alcohol. If what you say is true, and no FSTs were done, then it may be more difficult to support the arrest, much less a prosecution. But, the officers may have some other articulable probable cause to believe he was impaired ... perhaps he stumbled, staggered, slurred his speech, or made some other actions that led to this conclusion.

As for Miranda, as he was not under arrest, Miranda did not apply. Miranda generally only applies when a person is under arrest and then subject to interrogation.

Officer #2 took him to the police station and son asked to make a call to get council from us before taking the breathalizer.

How old is your son? If he is an adult, they did not have to let him call you at all. heck, even as a minor, they may not have had to let him call you (though I am not familiar with OR law on this point ... in CA they would not have to let you call before taking a chemical test).

Officer #2 said that son's time was up for phone calls and since he wasn't able to get a hold of us, that he would put down that he refused the breathalizer. Son told Officer #2 that was not true because he NEVER said he refused to take it. Officer #2 did NOT ask him to take it then. Officer #2 then took him to MCDC where he was booked for DUI and Reckless Driving, both misdemeanors.

Then I guess the officer and your son will have a chance to say their respective pieces to the DMV and to the court regarding the alleged refusal.

My son does not have money for an attorney and neither do I. What can he do himself to help fight this?

If he is indigent and lacks the resources, the court can appoint him legal counsel.

 

[CdwJava]

Also, is there any way to find out if either police cars had a dashboard camera or if there was a camera in the room when he was being questioned at the police department?

His attorney can ask about this in discovery.

 

[stanford's girl]

Thank you for all your replies. I have looked up his booking info and it says the charges were for DUII and Reckless Driving. But now under status is says "disposed" next to both of those. What does that mean?

Also on the actual citation he received upon release, it is for refusing to blow, which is not true. Plus on the paperwork he was given, the boxes that are supposed to be checked that he refused are blank.

And now looking at the citation, there is NO signature, no issue date, no officer ID number or precinct. Isn't all that stuff supposed to be filled out?

 

[CdwJava]

Thank you for all your replies. I have looked up his booking info and it says the charges were for DUII and Reckless Driving. But now under status is says "disposed" next to both of those. What does that mean?

Disposed? I would almost think that means it has been disposed of and over ... but, it may have a different meaning to the jail as in indicating the booking is complete or the person has been released and the matter passed on to other authorities - who knows? Since the jail has no clue of the prosecution status, I doubt it means the case has been dropped.

Also on the actual citation he received upon release, it is for refusing to blow, which is not true. Plus on the paperwork he was given, the boxes that are supposed to be checked that he refused are blank.

What are the code sections listed on the citation?

And his attorney can make the argument with the DMV that he did not "refuse" ... you really don't know what was said as you were not there. If he said he would only blow if he could talk to his parents and then insisted on trying to call some more, that might be a refusal.

And now looking at the citation, there is NO signature, no issue date, no officer ID number or precinct. Isn't all that stuff supposed to be filled out?

Maybe ... maybe not. No matter, he will still have to deal with the issue.

He should consult legal counsel ASAP.

 

[stanford's girl]

Thank you for your precise and clear answers, CdwJava! You explained things without being preachy or rude and I truly appreciate that. I just want to understand the law and know what he is up against. This is his situation to deal with but having a parent who is there for you makes it easier to go through.

 

[stanford's girl]

If he is indigent and lacks the resources, the court can appoint him legal counsel.

CdwJava, he has called local attorney's but they want anywhere from $5000 to $15,000 to represent him and he does not have that kind of money. If the court appoints him an attorney, does he have to pay for that and if so, what is the cost for that?

 

[BOR]

CdwJava, he has called local attorney's but they want anywhere from $5000 to $15,000 to represent him and he does not have that kind of money. If the court appoints him an attorney, does he have to pay for that and if so, what is the cost for that?

Some states do charge a partial reimbursement IF it will generally not create a hardship on the defendant.

I do not know about Oregon without some research. On the federal level, as an example, a DF is NEVER required to repay for an appointed attorney.

Just as on off the wall comment, no research, I will say for such a case the state will limit a public defender's fee to $3,000.00? This is just a genral figure from past knowledge on the subject.

If he is charged 1/4, if permitted, whether aquitted or not (??), that would be $750.00.

NOW, one, I do not even know if OR does this, two, the figures are for illustrative purposes only. If he is appointed one if he pleads not guilty, the PD will know, of course.

 

[stanford's girl]

Thank you BOR!

 

[stanford's girl]

To Isis1---For you to include the quote below in your answers was not helpful in any way. I didn't come here looking for cheerleaders. Since I know nothing about DUI's, I came on this site looking for help. If you are here to help people understand the law, I suggest you not include this quote this in your answers. It is rude and does nothing for your credibility.


"Originally Posted by Zigner
You came here looking for cheerleaders. You didn't find any...now you're crying."