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coltonlaw
coltonlaw, Attorney
Category: Traffic Law
Satisfied Customers: 12
Experience:  Former prosecutor, offering advice in all traffic matters.
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Well as of now have an open/pending case for a duo charge -

Customer Question

Hi
JA: Hello. How can we be of help?
Customer: well as of now have an open/pending case for a duo charge - which
JA: Since laws vary from place to place, what state is this in?
Customer: I have not submitted a plea for, have a witness who testify during the DMV Hearimg
JA: Has anything been filed or reported?
Customer: Oregon yes but after the hearing my license is not suspended for three years due to a prior diversion However, I was not driving. I am here for work only. Move from Texas
JA: Anything else you want the lawyer to know before I connect you?
Customer: Need a hardship permit, just to drive to work and back. It's a 45min commute no public transportation And I have no family/friends in the area my lawyer said there was nothing I could; which I do not believe is the case
Submitted: 4 months ago.
Category: Traffic Law
Expert:  Phillips Esq. replied 4 months ago.

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 4 months ago.

I am sorry, but I am having difficulty understanding your post.

Kindly review, edit, properly identify your issues, ask specific question(s), and resubmit.

Thank you for your cooperation,

Customer: replied 3 months ago.
Have a DUI charge, in the State of Oregon
When the officers arrived to site, they found me inside the vehicle, alone and seating in the passenger seat. When I saw the officer approach the vehicle, I started to move into the driver's seat to turn the engine on, in order to roll the window down. Told the officer I have beeb drinking, but was not driving. My bf was driving (He came with me to the DMV hearing, and affirm that he was driving) I was arrested, taken to jail and then the hospital; where they forced to drew a blood sample, since I refused Breathalyzer test. That resulted in a 3 year license suspension, which I would understand if I was the driver, but I was not.
Hired a lawyer, made the first court appearance; a plea offered was given to me and a court date was set. Lawyer asked if I would accept the offer, of course I said No!
After court, lawyer gave me a To Do List. Basically told me to go do, all the things the court requires anyone charged with a DUI. Thus does my witness, who already admitted to driving during the DMV hearing, and will testify during trial, if needed - which my lawyer somehow was not aware, even though she received a copy of the hearing documentation as well as the hearing recording!
Told lawyer, I would take to trial, she said the 911 call clearly made me guilty! Do not Feel she is competent enough to handle my case, but she is pressuring me to submit a plea on Monday - Even after I called her last Tuesday & left her a vm telling how I felt and requesting she file a motion to re-schedule my court date. She told me yesterday, she did not get the vm and that it was too late, but somehow she did manage to contact the DA to negotiate a new offer - Exactly the same as the first one, but instead of being charge with a DUI & Reckless Driving - the reckless driving will be drop -
Everyone is innocent, until proven guilty; which can not be done until all evidence is received/review, Not to mention I thus if I have a witness! Shouldn't my witness be just as reliable/trust worthy, as the 911 caller. Shouldn't my lawyer be ready for trial and have a defense plan - When I asked her, she told me she would contest my blood test results - Not the answer I needed. Hope you can help me
Customer: replied 3 months ago.
Could you please answer some of my concerns?
Expert:  coltonlaw replied 3 months ago.
I received your request via justanswer. I have a few further questions.
Customer: replied 3 months ago.
Was NOT able to view your answer