Location: Canby, Oregon
On June 30 I was arrested at 4:35 AM. I have been home for 1 hour at the time, I was actually out in the driveway smoking a cigarette and talking on the cellphone. I had a long drive way, it was approx 150 ft, give/take, and I noticed flash lights coming up the driveway.
I basically said Hi, and they said, "We're looking for a guy that has a out of state license." Which was me, since I have a California license. Which at that time I knew that my ex (who was still leaving with me) called the cops. They said, "We got a call saying you were freaking out." Which when I came home, I noticed that my file cabinet that has all my important tax papers and life insurance papers was moved/messed with (I was staying with family for a couple days and working on moving out and terminating my lease).
Well I was simply putting the important papers in my small file firesafe so that there was a lock and key on it. I cooperate with the cops answer their questions and answer bluntly and truthfully. So then they ask me, "Well somebody called saying that they heard you wanted to beat the crap out of somebody." So I told them, "Sir, I was on the phone with a good friend of mine in California just telling her about my ex wanting to take me out side and fight yesterday. That is why I'm starting to move out." Then they go into the three questions:
"Have you been drinking tonight?" "Yes sir"
"Did you go out drinking?" "Yes sir"
"Did you drive?" "Yes sir"
Now I have been home for an hour, and they know that I've been home. The only question they failed to ask was, "Did you have anything to drink AFTER you came home tonight?" As I usually do keep a bottle of Patron in the house. How do they know that I didn't have anything to drink after I came home? And that is information I don't give up automatically.
Well I just had my Administrative DMV Hearing on Tuesday. It was at 10:30 AM in Salem, OR. Well at 10:45 the Administrative Law Judge came out and said, "James, as of now, the officer has failed to appear and I will be dismissing this case." Great now I have my driving privileges back in Oregon and am allowed to drive around again.
But the question is still, should I plead guilty & go to diversion, or plead no guilty? Because honestly, I don't know WHAT my BAC level was prior to having two or three shots of Patron after I got home, I was pretty wasted. As a co-worker said, "the cop probably just arrested you for that at the time to keep the situation calm at the house for the night.
I've asked quite a few lawyers and they all said diversion (which is a Oregon way of getting rid of the DUI after a year). But they have one witness, my Ex as to that I was driving. But she can always testify that I didn't drink after I got home. I mean so many holes in this case in my opinion, but so nervous at the same time.