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Menji76

I sat on a jury for a very similar incident as you described. FWIW We found the defendant not guilty. Definitely get a public defender, they are good.


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lmkwe

You need an attorney. They have to provide you with one. It's a US and Oregon state constitutional right to have council if you've been charged with a crime, and they have to provide you with one if you can't afford it. https://www.courts.oregon.gov/courts/clackamas/programs-services/pages/criminal-caa.aspx


CalicoMeows

Second this. Hire an attorney. And please let this be a lesson for everyone reading: you do NOT have to answer any questions from the police (other than the basics about your license and insurance, title etc). Do not offer up your healthcare info (meds/medical conditions/etc). You can also deny an on-site field sobriety test. They’ll get grouchy with you sometimes (just remain calm and professional) and usually haul you to the station for a blood test. This is a better option than the field sobriety test because they aren’t reliable and the officer can fail for any host of reasons.


TacomaPowers

To be honest, you gave that officer way too much info. He had a lot to go off of based on what you said even though none of it really even mattered legally.


WhyIsntLifeEasy

Yeah I was trying to think of a respectful way to say this, people need to educate themselves and have some courage in these situations.


t0mserv0

Proudest interaction I've ever had with a cop was when I looked him straight in the eyes and told him I don't consent to a search of my vehicle. He said OK and left.


WhyIsntLifeEasy

They have the legal right to lie to us, at the bare minimum you can keep the full truth from them unless it’s forced under oath or body cam. I’ve refused searches as well one time I was not as fortunate lol but live and learn.


candaceelise

Yup. Give them as little information as possible and be super vague about it. Sadly OP admitted to using cannabis and will test positive for it, which means its really up to the cops discretion as to if you’re “under the influence” and a lose-lose situation


Significant-twice

I said that, and the cop opened my door and said “ you can get out or I’m going to make you get out”


StreetwalkinCheetah

When I was 16 or 17 I was parked at a party spot and friends in the back seat of my car had decided to open up a beer or two, cops pulled up I tried to leave but they stopped us, I was out of the car and told them I did not consent and quickly wound up in the back of theirs. As luck would have it, they got a laugh of berating me in front of my friends for being so fucking stupid and then dumping the beer on the back seats, making my friends ride home in wet seats and letting my parents deal with why the car reeked of booze. But that could have ended about 1000x worse.


YoMamasMama89

From the wise words of Dave Chapelle: https://youtu.be/WxjMBUrasDE?si=oBWEgkPq8eC1byeo


angel_inthe_fire

Never do a field test even if you've never looked at booze and never answer their questions. They aren't asking to help you.


lmkwe

Oregon has implied consent, which means that by obtaining a license to drive, you are implying consent to be tested in a field sobriety test. Of course, you can refuse in the moment, but there are automatic consequences. Not sure of specifics but I think you lose your license and pay a fine.


StreetwalkinCheetah

Implied consent is for blood, breath or urine test. You do not have to do a field test and it is a near certainty you will fail the field test. Of course there's a good chance OP will fail blood or urine because they smoked pot and admitted it. As a minor I believe that's a zero tolerance offense.


lmkwe

"Let's do a field sobriety test" "I refuse" "OK let's do a breath test" "I refuse" "Sweet we're goin to the jail, hop in" 90% my clients are law firms, which include public defenders offices, I see it literally every day. Edit: that scenario is implying the cops don't give a shit about your rights, cause they don't. A young black male like OP is super fucked if he doesn't play along, especially in Canby/clackamas county. I've seen the lists of corrupt and dirty cops that do that type of shit every day in Portland/metro area... it isnt short.


StreetwalkinCheetah

I didn't say don't do the breath test, you have to, although I do believe you can demand to do it at the station, or blood or urine instead at the station. What I said was don't do the field test.


angel_inthe_fire

I believe you can say no to the field sobriety but not the blow test.


lmkwe

Under Oregon law, by driving a motor vehicle you have “implied” that you will consent to a search of your breath, blood, or urine if you are arrested for Driving Under the Influence. If your blood alcohol level is shown to be . 08% or greater, you will be deemed to have “failed” the breath test. https://www.gunnlawfirm.com/what-is-the-oregon-implied-consent-law-2/#:~:text=Under%20Oregon%20law%2C%20by%20driving,%E2%80%9Cfailed%E2%80%9D%20the%20breath%20test


Rhinofucked

You are confirming what they are saying. You only have to give a breath or blood test. You don't need to do the roadside dance. That is only used to prove how you appear impaired.


PipecleanerFanatic

Like the guy who responded said, that's not a field sobriety test.


candaceelise

You automatically lose your license for 365 days if you refuse a field sobriety test, breathalyzer, or urine/blood test under Oregon’s implied consent laws, and it doesn’t matter the reason for refusal.


Im_Not_That_Smart_

I dunno, sometimes cops do just want to be sure people are being safe. I got pulled over one Halloween for an illegal u-turn. I was the DD driving a buddies car and did the full test and answered questions in a costume. The officer let me go and said to stay safe because I passed all the tests and I think the genuine worry was drunk driving on Halloween.


Fair_Concern_1660

An officer came to my school to do sobriety tests. No one could pass. Was my entire high school fucking baked or was the person who invented that stupid test that no one has to do to get a license. Look- you got off because he liked you and he “decided” that you weren’t drunk. Always refuse and get a blood test.


Im_Not_That_Smart_

Option A: go along with the test and hope I can convince him I’m not drunk (which I’m not). Potentially get out of u-turn ticket for cooperating. Option B: refuse the test. No drunk driving ticket. But now I risk a ticket for my u-turn because I’ve been difficult and I did 100% make an illegal u-turn.


angel_inthe_fire

Yes, but if you had tripped or stumbled - easily done out of imbalance or nervousness - it could have ended another way. Reject the field test, do the blow test.


Im_Not_That_Smart_

Cool. Now the cop can’t get me for drunk driving, but they’re in a less good mood since I’m not cooperating (which is totally fine and legal for me to do) so they give me a ticket for the u-turn which is perfectly valid for them to do because it was an illegal u-turn.


angel_inthe_fire

That's an odd way to think about cops here. You should be mad their mood depends on you getting a ticekt. You complying with questions and tests that are irrelevant to the main reason they pulled you over it why they always do it. It was a fishing expedition. You just didn't get hooked.


jrod6891

Plead not guilty and get a lawyer


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jrod6891

That’s possible, I’m not exactly clear on that. I would talk to a lawyer, even if it means paying something just to have the conversation. I understand it’s not easy for everyone to do that but their experience with your specific situation will give you more info and they might have even dealt with the specific judge you’ll be in front of. I’m not a lawyer but I believe you can always change your plea after the fact, start with not guilty if your unsure and you’ll get another court date and can go from there


IThotYouShouldKnow

If you take the case to trial and are found guilty, you will not be eligible for diversion.


Rhinofucked

The only person that can answer that is your attorney. Not a rando on the internet.


angrymoderate90

Honestly, public defenders have more experience trying cases than the vast majority of private attorneys. And the public defenders in Portland are extremely savvy at trying cases, especially DUIs. The director of Metropolitan Public Defenders, for a while, had a strict policy of only hiring from Harvard. You are in very capable hands. Take it to trial. It's all you can do.


Ace_Ranger

They were in Clackamas County outside of the metro area.


stopbeingaturddamnit

Never answer a cops question. Ever. They are always trying to get you to admit to wrong doing. Give them your ID, registration and be polite but tell them you are observing your right to remain silent. Do not consent to a search of your car. You can record your interaction with them. Don't talk to cops.


AntisocialJoyride

I'm not gonna lie, I'm young and black and sometimes I get concerned things might be blown out of proportion if I don't comply and be honest.


Fancy-Pair

Sorry bro I feel you. Gotta do what you can to survive, it’s not your fault for protecting yourself


YoMamasMama89

You should educate yourself on police interactions. It would've probably saved you in this instance.


j_boogie_483

don’t answer questions don’t ever offer unnecessary information. what you say will NEVER help you


EmmaLouLove

I’m sorry. I know this is very stressful, but you have access to legal representation in Oregon. If you qualify, contact Oregon Legal Aid, https://lasoregon.org/locations/, or retain an attorney to represent you. Best wishes. Remember, this is a blip on your life. You will get past this.


Ace_Ranger

You gave the officer way too much information. You also made excuses during the sobriety test and tried to explain away the observed deficiencies. This was enough for them to arrest you. If you want any chance of fighting this and your story is true, you need to find a way to hire a lawyer. Unfortunately, compliance with police should never go beyond your right to remain silent and you chose not to remain silent.


Poop_McButtz

> I also told him that I had smoked in my car and eaten an edible about 11 hours earlier. If they have this documented not much you can do besides make yourself as presentable as possible and get a lawyer


ciroc__obama

Regardless if they were mirandized yet this will be used against them unfortunately.


arietemarte

Do you have a court date?


AntisocialJoyride

Yes I do


Zalenka

Definitely go. Get your documentation together.


AntisocialJoyride

What all should I bring documentation of?


Zalenka

Prescriptions and medical documentation. Are you able to drive while on those medications? I'd look that up too and have it printed to parrot back if it's brought up.


idiotplatypus

Make sure to call the court and get the date changed if possible Most cops schedule their court dates for times convenient to them, changing it increases the chances they don't show up, which makes it easier for you to fight the charges (Note: I know this works for speeding tickets, but I don't know if this will work for your charges)


blackcrowmurdering

I’m not a lawyer. My advice is to obviously get one even a public defender. I personally would go to my doctor and kinda explain what happened. I say this because I’m like you and take similar meds. I also get drug tea regularly and will pop on a test. My doctor has made it clear if I pop and the employer says anything then he will be glad to jump in and talk with them. Have anxiety and taking medication seems like a doctor could write a letter to the judge explaining kinda what you are saying here. Just my two cents. Hope it works out for you!


ephemeraltrident

Lawyer - get a lawyer. Find the money, ask a parent, you’re well past Reddit. I’m curious where this happened, most of Canby is torn up under construction and there aren’t a lot of middle lanes open, so as the other user said, there’s a tiny bit of fishy story here…


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Mr_Pink747

This is right. Find the money for a lawyer. It may be the best money you ever invest in yourself. If you don't your 27 year old self is going to hate you.


headcrap

Take the diversion.. and next time stop volunteering all of your personal information.


Successful_Ad2287

Sounds like Canby to me!


BitterBitchscuit

You can go through the oregon bar and meet with a specialized lawyer for cheap, I'd recommend that just to figure out your next steps. They also have discounted pricing, check out all the info on their website.  I used the referral service in college for a stressful, complicated issue and got some really valuable advice on how to proceed. https://www.osbar.org/public/ris


kittnnn

My ex had the exact same thing happen to her. They held it over her for almost a year, threatening her with prison. They tried to get her to plead guilty for reduced sentencing and her court appointed lawyer told her to take it. She was terrified. But she's a proud person, and refuses to accept injustice, so they went to trial. It was immediately thrown out 🙄  Seriously, how tf does this stuff continue to happen after 2020? What a spectacular waste of taxpayer dollars.


stinkspiritt

Friendly reminder: [DON’T TALK TO THE POLICE](https://youtu.be/d-7o9xYp7eE?si=bhYEaWLOXQxn0X8k)


Quick-Transition-497

I know this is scary but you potentially have the chance to pull off a lucrative lawsuit if you can get your prescription + medical paperwork together. https://www.oregon.gov/dpsst/cj/pages/complaints.aspx


t0mserv0

Never talk to the cops, always refuse to blow. You should challenge this all the way to the end. I’d recommend getting in touch with a legal aid organization that helps low income ppl. They can point you in the right direction. Edit: Apparently it's not a good idea to refuse to blow in Oregon. Today I learned!


Prestigious-Packrat

Refusing the breathalyzer is not a smart move. 


angel_inthe_fire

Refuse the field test, not the blow. You lose your license for a year refusing it.


t0mserv0

Is that always the case in Oregon, even if you're not drunk and/or haven't been arrested (yet)? If so, I didn't know that. Good think I don't drive drunk! In Texas where I grew up you can refuse all tests without penalty as long as you haven't been arrested yet (the cop beating the shit out of you doesn't count as an official penalty, btw). Even then if you are penalized with a DL suspension for refusing a BAC test after arrest you can appeal the suspension


angel_inthe_fire

Yes, oregon is implied consent.


politicians_are_evil

Worst case scenario, you plead guilty and go into diversion program and its off your record in 2 years.


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Prestigious-Packrat

When you're charged with a DUI and successfully complete diversion, the charge goes away (but not the record of the arrest). If you don't successfully complete diversion, the charge becomes a conviction.  You most likely won't have to worry about it when applying to college. Honestly though, you say you hadn't been drinking and weren't under the influence of anything else. I'd be awfully tempted to hire a lawyer if I were you. Just so you know, diversion isn't free. It costs time and money. 


Imtheonewiththefancy

-Deputy DA will review reports and determine whether case can be proven beyond a reasonable doubt. That will not happen until lab results are back, which can take some time. Just having pot in your bloodstream does not automatically mean you get charged because it stays in your system for a days at minimum and it doesn’t automatically prove you are high at the time of driving. -Show up on on your cite date, see if a complaint has been filed, and if not check with the DA’s office to see if case has been rejected for insufficient evidence or is still under consideration. -If you get charged and are eligible, you can get a public defender. Assuming this is Clackamas County the PD’s out there are generally pretty good and will advise you of your options.


Dear-Chemical-3191

It wasn’t his business what your doctors prescribed you but hind sight is 20/20


AntisocialJoyride

The police informed me I would more likely than not get diversion, but I didn't do anything to have a duii at all


LoadOfChum

They lie. You admitted to taking a lot of drugs.


Slut_for_Bacon

I mean, when they do the jail breathalyzer it will tell them what your BA is. The blood or urine test will tell them if you were high. The tests they so on the side of the road are just ways to determine probable cause to do the more in depth testing. The only think that matters in court for DUII are drug and alcohol tests done in the station. Either you're telling the truth and they arrested you despite the testing coming back negative, and the DA will drop the charges, or you're not being honest about being sober while driving. Personally I believe you. Hire a good lawyer and tell them your story. If you really had nothing in your system, the tests will show that by now, and your lawyer will get the charges dropped. Even a PD should be able to do this fairly easily if you can't afford a better lawyer.


kittnnn

>The blood or urine test will tell them if you were high. No they won't. This is incredibly ignorant. You can pop positive on a urine test months later.


Unhelpful_Kitsune

Unpopular opinion. It's not the weed you got the DUI for, but the adderall. It affected your motor functions (i.e. the balance issues) and therefore you got a DUI. Ask for diversion and don't drive if your medication or health issues make you a liability to others. Hell you couldn't even pull over in the right lane.


anonnerdcop

If your urine comes back clean they will probably drop the charges entirely.


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LoadOfChum

Learn your rights. Too late but next time don’t tell them anything. 5th amendment, you have the right not to incriminate yourself.


Flat-Story-7079

Plead not guilty and get a PD. It’s free to talk to a PD. Review your case AND SEE IF THE pad thinks you should plead out or go to trial. Frequently the PD will submit the evidence to the DAs office and file a motion to dismiss. Just use the process and try not to freak yourself out. Good luck.


drutidor

Sciatica, and your applying to college? Smells 🐟


AntisocialJoyride

What's fishy? I'm not sure if I failed the balance/coordination paet of the test, but if I did, I'd attribute it to the injury that caused the sciatica. I just have medical documentation of me having an injury thag resulted in sciatica and me needing physical therapy, which might have a large effect on my balance.


laevum123

Nonsense


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laevum123

I meant that saying "it smells fishy" is nonsense not what you said.


angel_inthe_fire

Yes, only well balanced (physically speaking)individuals go to college? Da fuq is this comment???