Posted by Mac on 4/06/08

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I got a DUI recently in Oregon (Washington County). I had
consumed only 1 drink but was on Nyquil for throat
congestion in recommended doses throughout that day. I did
mention the Nyquil to the cop when he asked me before the
sobriety tests.. I felt fine when I drove and remember all
the minute details of that event and everything that
followed. My record so far is clean - no traffic tickets,
violations, arrests or convictions. I have been driving
for almost 18 years with a clean record. THe questions I
have:

1. THe officer claims that he stopped me (very early in
the morning) because I didn't stop when a traffic light
turned yellow as I was turning left (this isn't true - I
had a friend in the front passenger seat who does NOT
drink at all and he also saw that the light was green when
I turned left). He had another officer with him. Is there
a reasonable chance that I can claim that this was an
illegal stop and ask that the case be dismissed? THis
basically becomes a case of the credibility of 2 officers
vs 2 civilians. Whose credibilty is given more value in
such situations? Does the fact that I'm an engineer with a
clean record so far give me any more credibility than the
cops in the eyes of the judge or jury?

2. He asked me to do sobriety tests. During one of the
tests he did - the light test - he kept moving the pen to
extremes beyond my visual field (for example, to my
extreme left where I could not even see the pen). THis is
a test where I'm supposed to keep looking at (following)
the pen as he moves it around. He obviously can't expect
me to look at it if he moves it out of sight. What are the
chances of me claiming that he did the sobriety tests
wrong and so the case should be dismissed?

3. When he finally arrested me and took me to the station,
I blew 0.12. I was surprised because I only had 1 drink -
either the equipment was messed up or the Nyquil must have
reacted badly with my drink somehow. Also, I don't drink
more than once a month and when I do drink, it is only
about 1 or 2 drinks (never more than 1 if I'm driving). Am
I even allowed to mention my past clean record and Nyquil
consumption to the jury to defend my case? If yes, will
the jury be sympathetic to such situations or is 0.12 very
damning? Is there any significant chance of me winning
this case at all?

4. Since this is now permanently on my record, am
I "tagged" by cops, ie, will I be scrutinized/stopped more
by them without valid reason? Everytime they run my plates,
does it bring up my arrest & DUI? IF yes, is that alone
often a reason for them to stop me, especially late at
night or early morning (even though that may be illegal)?

5. What do potential future employers get to see when they
do a background check on me? Do they get to see all the
details of my arrest & DUI court proceedings, my BAC no.
etc? Or do they only get to see an "arrest" followed
by "Diversion" (if I choose diversion) or "Conviction" (if
I fight and lose) in my record (with no further details)?

Thanks for the help.

DUI in Oregon, 4/06/08, by Mac.

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