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In some drunk-driving cases, quick resolutions aren't always best

If you're accused of drinking and driving, you may have a number of legal options laid out before you, depending on the circumstances of your arrest. If the incident is relatively minor and it's your first drunk-driving arrest, you could be eligible for a diversion program that would allow you to keep the offense off your record. But even "easy" options should be weighed carefully with the help of an attorney who can explain all of their ramifications.

A football player for the University of Oregon Ducks may have made a smart play in the drunk-driving case against him. The case stems from his arrest in the early-morning hours of March 3, when a Eugene police officer pulled over the 20-year-old player for speeding. The officer suspected the player had been drinking and took him to the Lane County Jail for alcohol testing. The results of those tests haven't been released, but the player was charged with misdemeanor DUI.

Prosecutors originally offered the player a settlement that would have required him to plead guilty or no contest to a DUII charge in exchange for participation in a diversion program. But the player declined and instead chose to defend himself at trial. He was recently able to delay his trial until Jan. 23, a few weeks after the Ducks' football season ends. The delay could allow him to have a clearer head when he goes to trial to fight the charges.

Not many more details of the player's arrest have been released, but the case is clearly complicated. Even the prosecuting attorney agreed that there are more issues at play than in a typical drunk-driving case. Documents and test results need to be analyzed and expert witnesses need to be consulted. Although the charge might have been taken off the player's record if he had simply completed the diversion program, in doing so he would have had to acknowledge wrongdoing. For defendants who are innocent, the easiest choice isn't always the right one.

You can be assured you're making the right choice by consulting an experienced defense attorney if you're accused of a crime. A qualified attorney will explain all the options available to you and help you decide your best course of action given all the circumstances of your case.

Source: The Register-Guard, "Oregon Duck football player's trial on DUII charge delayed," Jack Moran, Aug. 3, 2012

  • Our firm handles situations similar to those discussed in this post. If you would like to learn more about our practice, please visit our Portland drunk driving page.

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