Posted by brenda logan on 12/13/03

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i was stopped for white in my tail light, arrested for dui
after performing nine step walk, held my foot off the
ground as long as possible, both these after explaining i
had two back surgeries in the past and i might not be able
to do them, said my abc's without singing, counted backward
from 100 to 75, and answered a question picking a number
from one to ten where i know the officer changed the
objectives around. passed the breathalizer. i went to court
here in oregon and the judge refused to allow me to plead
not guilty, told me i would not be allowed to leave the
state and i dont live here, and was forced to take their
diversion which deprives you of a speedy trial. i was told
the case would be dismissed by the judge once i had
completed the diversion and i had a year to do it. now i
find out the case stays on my record and my insurance does
go up from the dui. can i return to my home state of
mississippi and sue the state of oregon for attempting to
hold me in oregon which sounds like unlawful search and
seizure to me and is the fact that he refused to allow me
to plead not guilty and come back for the court date a
violation of my due process rights, and since the court
record will show that the judge made the statement that the
case will be DISMISSED when i finish the requirements for
the diversion classes even if in another state a violation
of any rights if my insurance does go up? any attorney
interested in this? would an attorney be interested in
coming to oregon and getting a class action suit going
against the state of oregon for this excessive abuse? many
people here in oregon are very upset that the police here
seem to be harassing them simply for the fees. can i sue
the judge or the state here for trying to hold me here with
no income or home to live in? isnt that a violation of my
due process? at the beginning of the court the judge tells
everyone that they can give up their right to jury trial
but the fact really is he wont let you go to jury anyway.
he wouldnt let me and i told him i came in there planning
to plead not guilty. i had a good case and an attorney told
me i did. i would have won my case but i was due to leave
the state and return home as i was here only on business
but the judge pointed at me and stated i was not going
anywhere. i have witnesses to this. at the police station
the officer informed me i was under arrest for dui because
i could not follow directions. but he wrote in his report
that i had problems performing the physical tests and i
mixed one question up. well it was probably 25 to 30
degrees outside and i was a nervous wreck. i was not drunk.
i have a copy of my breathalizer test to prove it. the
state goes by the .08 being under the influence but lets
the police officer make the determination. if my case is
legal, if you pass through oregon, be sure your vehicle is
absolutely legal or you can be arrested for dui with a .00
alcohol level. someone let me know if there is any case to
this.

dui arrest, passed breathalizer, judge orders diversion, 12/13/03, by brenda logan.

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