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  1. #1
    Join Date
    Aug 2018
    Posts
    9

    Default Challenging Probable Cause for a Traffic Stop Resulting in a DUI Charge

    My question involves criminal law for the state of: oregon

    I understand that you wait for the vehicle turning left that is on the street befor you enter the street taking your left turn. my question is what applies if the vehicle that is still approaching the intersection will be unable to make his or her left turn, yet because their is two lanes you are able to safely take your left turn onto the street. I guess I may have jumped the gun but I believe I was acting safely. now because of a .04 blood alcohol level and making that split second decision which did turn out as i thought it would they are charging me with impaired driving.

    my question is first did a break a law by taking a turn before a car that was required and actively giving right of way to the car that did not block my path. Then not having money how should I proceed to defend against the claim that I was impaired? even if I was at fault I would believe I should get a ticket not a impaired charge. Further information I did submit to testing I did get the .04 half the legal limit they did not do a urine or blood test which I would believe if the police officer truly thought I was impaired would have proceeded with himself.

    Sorry if I'm being confusing but I am upset I thought I did everything as a model citizen should. I had 2 drinks at the bar then proceeded to play pool and drink water for a hour and a half to ensure the alcohol in my system was at a safe level. I did not just jet into my turn I thought about it, and I thought it was a legal maneuver being the person I would usually yield to was incapable of turning. I guess I'd rather have the ticket then someone saying I did not try or wasnt being responsible we all can make improvements I'm sure some of you would not appreciate anyone driving with a .01 even. Oh I drink daily a bit if beer and cider usually maybe 6-10 a day so my tolerance to .04 shouldn't be an issue I'm about 165 pound male 31 years old and was not on a empty stomach

  2. #2
    Join Date
    Apr 2014
    Posts
    181

    Default Re: Turning Left Right of Way

    Can you post a google maps link or other information about exactly where (intersection and city) this happened and which way you and the other car were going to better understand what happened?

  3. #3
    Join Date
    Mar 2013
    Posts
    16,668

    Default Re: Turning Left Right of Way

    The officer saw something in your driving that convinced him to pull you over and check you for impairment.

    Here's the statute:

    https://www.oregonlaws.org/ors/813.010

    If there is jail time involved you can get a public defender. But even with a public defender, the conviction will cost you plenty of money in fines and insurance rates.

    I drink daily a bit if beer and cider usually maybe 6-10 a day
    That's alcoholism.

    Sure. Go ahead and deny it. It's not me that you have to convince.

    Get some counseling and rehab or you'll end up with more DUIs and the penalties will just keep getting worse.

  4. #4
    Join Date
    Sep 2010
    Posts
    18,827

    Default Re: Turning Left Right of Way

    I'm still having a hard time following your thread.

    What exactly were you charged with? Why is the "legality" of the left turn an issue?

    I still can't visualize your turning situation vis-a-vis the other car, but frankly, it sounds like you were indeed obliged to yield. Were there stop signs or traffic signals involved? The fact the other drive was "still approaching" doesn't mean much if you were obliged to yield to them.

    If you were charged with DUI or some related offense understand the following:

    1. The officer needs very little cause to pull you over. All he needs is an articulable reasonable suspicion that you committed a violation. He doesn't even need to write you up for it and you don't even need to be technically guilty of what offense he was considering.
    2. There is no BAC that you are "legal" to operate a vehicle. .08 is only the level which you are ASSUMED to be intoxicated without other evidence.
    3. Tolerance is not the same as safety. A habitual drunk like you will certainly have tolerance, but that only allows him to lull him into thinking he can drive, not that he is not impaired.
    4. Self assessment of impairment, especially someone with alcohol tolerance is pretty faulty.

    10 beers/ciders a day is a LOT.

    If you were charged with a DUI you MUST get an attorney. He can take an independent and dispassionate view of the evidence from whether the stop itself was justified down to what evidence that you were driving impaired exists and whether the state has sufficient evidence to make their case.

    I'd also suggest you get proper substance abuse help.

  5. #5
    Join Date
    Aug 2018
    Posts
    9

    Default Re: Turning Left Right of Way

    I tried to draw a image but cant post it I guess you knew that. I was on a 2 way road turned left onto a 2 way road but with two lanes going each way. There is not a light at this intersection I stopped at the stop sign. The car in question was still approaching a stop to turn left actively decelerating. If they were planning on turning right away they would have needed to accelerate quickly to not be hit possibly I believe it would have been unsafe for the driver to have taken his turn as did they hence the deceleration due to oncoming traffic in the road he was in. There was a vehicle in the right lane followed by a police officer in the left lane at a distance which would not allow for the motorist to turn left until both cars pass. I had a safe entry and did not make the officer hit his breaks taking my turn. The officers complaint is I didn't give right of way to the individual about to turn left. So the question is are you allowed to go if the person who normally would can not. I have decided to ask a lawyer I still believe this was acceptable I may be wrong I understand that. And I do not believe that conclusion comes from any impairment.

  6. #6
    Join Date
    Sep 2010
    Posts
    18,827

    Default Re: Turning Left Right of Way

    If the other driver had not yet stopped and had a stop sign, then you were probably legal to proceed. Their ACCELERATION or DECELERATION is largely immaterial. If they were obliged to stop (stop sign) and had not yet done so, you were probably safe (barring other traffic) to proceed. In the odd case that the officer makes that arguemnt for justifying the stop, your attorney may indeed may be able to invalidate the stop and what follows. Of course, if he believed the other driver had made the stop then you may be in deep trouble.

  7. #7
    Join Date
    Aug 2018
    Posts
    9

    Default Re: Turning Left Right of Way

    Thanks for your interest Ron from what I've read it seems the law says to wait no matter how long sort of doesnt make sense to me but I guess in the extreme examples I could think of they probably have signs or traffic control of some sort saying it's okay I suppose an extreme example would be if a long group of bicyclists were in the bike lane and the driver turning left with flow of traffic would have to wait 10 minutes or however long I would most definitely take my left turn and doing so you would break the yeilding laws even though no disturbance was made to the other drivers wait time and did not create any hazard because the driver would not be attempting to take his turn. I understand 15 seconds is not 10 minutes nor is 10 seconds though in less then ten seconds I am capable of safely going through the intersection at which time I felt the other driver forfeited right of way by not be able to take it

  8. #8
    Join Date
    Apr 2014
    Posts
    181

    Default Re: Turning Left Right of Way

    Can you name the town and the intersecting streets so we can look it up on a map to better understand what the intersection looks like. Thx.

  9. #9
    Join Date
    Aug 2018
    Posts
    9

    Default Re: Turning Left Right of Way

    Brookings oregon highway 101 and Pacific Avenue car was on highway turning left on pacific Avenue I was on pacific Avenue turning left onto the highway while the car was unable to do so themselves. im hesitant of posting the town but here it is

  10. #10
    Join Date
    Sep 2010
    Posts
    18,827

    Default Re: Turning Left Right of Way

    I'm not going to belabor the alchohol issue, but your post definitely indicates you are in trouble. What "everybody" does is immaterial. What I told you about the legalities of BAC limits is 100% true.

    OK, now that you have given us the intersection, we can see the cop was right and you were 100% in the wrong. Despite your previous statements, the traffic on 101 does NOT have a stop sigh. The driver making the left turn on 101 has the right of way over you. You were obliged to yield to him so he could make his turn. It matters not that you were stopped and he was still approaching the intersection.

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