Archive for the ‘DUII News’ Category

On December 16, 2009, the Oregon Supreme Court heard arguments in the controversial implied consent case State v. Machuca. Attorney General John Kroger argued the case himself, an indication of the strong law enforcement interest in overturning the controversial Oregon Court of Appeals decision. It seems questionable whether the 6-4 split decision from Oregon’s Court of Appeals will stand given the fact that in a blink it tossed aside nearly 40 years of established implied consent law. What may be of more interest to DUII lawyers and DUII defendants is how cases currently affected by the Machuca holding will be treated by the local district attorneys offices pending the Supreme Court’s ruling in the case. If the State opts to proceed to trial with cases hobbled by the Machuca ruling and lose (before a decision by the Supreme Court is handed down), the State will have no recourse. Case closed. However, if district attorneys opt to appeal the Machuca ruling in each individual case, they would be able to stay the proceedings in each case pending the Supreme Court’s ruling. This may be the most likely tactic for the State in these cases and certainly would slow down resolution of a large number of DUII cases.

Statesman-Journal article here.

Oregon Supreme Court synopsis here.

No surprise, the Sheriffs offices of Multnomah, Clackamas, Washington and Yamhill counties have announced that they will be increasing DUII patrols for the holiday season.

Article here.

Even though law enforcement budgets have been especially tight this year, Portland has received Federal funds to add extra patrols specifically targeting DUII drivers on the following dates.

• December 18th and 19th
• December 30th and 31st

According to Det. Mary Wheat, PPB spokesperson, “We tend to see during the holiday season more people drinking and driving. DUII related accidents tend to increase as well, so we want to get out there and stop them before they happen.”

Article here.

Oregon State Police recorded 53 arrests for DUII over the holiday weekend. This was the exact same number as 2008. OSP Portland recorded 10 DUII arrests.
http://www.kuik.com/Article.asp?id=1607568&spid=

Clackamas, Multnomah, Washington, and Yamhill counties conducted a multi-agency, cooperative sweep of the Willamette Valley for DUII drivers this holiday weekend.

http://www.katu.com/news/local/75275037.html

First mentioned in an October 27, 2009 OSP press release, Oregon State Police participated in a cooperative law enforcement effort this Halloween, “looking out for ‘scary’ drivers as part of the aggressive ‘Drunk Driving. Over the Limit. Under Arrest.’ national campaign, October 25 – 31.” According to the release, “OSP troopers reported last year over the Halloween night the arrest of 15 DUII drivers. ”

According to local media the 2009 sweep doubled last years arrest results.

Compared to Halloween night 2008, troopers more than doubled the number of “Driving Under the Influence of Intoxicants” arrests in the 12-hour period from 6 p.m., Oct. 31, to 6 a.m. Nov. 1.

This year, during the 12-hour period, state troopers reported 31 DUII arrests.  There were 15 DUII arrests in 2008.

State police units reporting more than two DUII arrests during the 12-hour period were:

• Springfield at 10 arrests
• Portland and Tualatin at six arrests
• The Dalles at four arrests
• Salem at three arrests
• Central Point at three arrests
• Albany at two arrests
• LaGrande at two arrests.

Contact Portland DUII lawyer Squire Bozorth today for assistance with drunk driving charges.

On September 30, 2009, the Oregon Court of Appeals handed down their opinion in State v. Machuca and in one fell swoop may have rendered dead Oregon’s implied consent law as well as 40 years of supporting case law.

‘Implied Consent’ is not unique to Oregon. Its prevalence throughout the United States means many people are already familiar with it. In essence, implied consent laws state that when a citizen is granted their driver’s license, that grant is a privilege, not a right. In turn for being granted the privilege to drive, the citizen is presumed to ‘consent’ to an alcohol or drug test (whether by breath, blood or urine) at the request of police when certain circumstances are present (ie the police have probable cause that the citizen was driving under the influence).

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