Legal Question in DUI Law in Oregon

Should my boyfriend take a DUII on a plea bargain when he blew 000?

My boyfriend is in lincoln county jail, after taking the police on a 75 mile elude. He never went over 65 miles an hour and noone got hurt. He is now facing att. To elude, driv. Reck, reck. Enda., drv s/r m, poss sub cf. He is marked at a 2-c on the criminal history category. He has been offerd a plea bargain for att. To elude, duii, reck. Driv., the pos of sub has been taken by his passenger. He blew 000 and did no ua or blood sample. This would be his 3rd duii in 5 years. They say he could get a year for the plea bargain, if he fights it could get 5 years. Is this true? My question is should he take the plea or not, he doesnt have a duii originally. He goes to court in two days what should he do take the year over a threat of 5? Please let me know as soon as possible. Thank you --name removed--k. Swain


Asked on 3/18/03, 4:15 am

1 Answer from Attorneys

David DenHartigh Attorney at Law

Re: Should my boyfriend take a DUII on a plea bargain when he blew 000?

Did he attempt to elude or did he just fail to stop when ordered? What evidence exists to prove that he was under the influence of alcohol or drugs? How was someone endangered and what risk did he knowingly disregard that made his driving reckless? These questions and many others would need to be answered before I could provide an answer to your questions. It would be irresponsible to offer an opinion based upon such a brief summary of the facts. You may call to discuss terms of representation if he wants to discharge his present lawyer and retain me. 503-999-8333. Thank you.

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Answered on 3/18/03, 11:58 am


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