on 1/7/2010 I was driving on the interstate (30 miles from home) and became too tired to drive safe so I stopping into a truck stop to sleep in the rental car in the parking lot. A couple hours later I was awoken by a Marion County Sheriff deputy and questioned. She saw a glass pipe between the seat cushions and tested the residue which was positive for meth and I was cited for Unlawful Possession of Meth (ORS 475.894). The field test admistered to me tested negative yet I was also cited for DUII-Controlled Substance (ORS 813.010). Then impounded the rental car for which I have incurred nearly $600 in fees and unable to pay. My question is (1) since I was not driving nor operating the car can I be found guilty of the DUII traffic offense? And (2) since it was a rental car, should I consider arguing the ownership of the glass pipe? I doubt they finger printed it and the rental was not cleaned prior to my rental as it was an emergency replacement when the original car experienced mechanical issues. Lastly, I am unemployed and unable to pay for a lawyer and my hearing is on 2/22/2010. Thx in advance.
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Alcohol & Drugs: DUI, DWI DUII & PSC Citation and passed field test
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mightymoose
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Yes, you do not have to actually be driving the vehicle to get a DUI. All that has to be shown is that you had been driving, and that you had control of the vehicle. There is only one way you got the car to the rest stop, and that was by driving it there. You most likely were contacted while in the driver's seat as well, and chances are the keys were also in the ignition.
You can't argue ownership of the pipe. You are the driver of the vehicle and you are responsible for everything in it. Maybe if the pipe was found tucked under the cushions you could argue it... but not in plain sight right next to you. You had full knowledge of its presence there and won't be able to dispute it.
If you can't afford a lawyer then request the public defender when the time comes. If no blood/breath test was taken then you can still beat the DUI charge. If you were only cited, not arrested, then it is possible that you can be reimbursed for the tow fees. The officer could have cited you, confiscated the pipe, and left the vehicle. Since you were not arrested that says a lot about the strength of the DUI charge.
You can't argue ownership of the pipe. You are the driver of the vehicle and you are responsible for everything in it. Maybe if the pipe was found tucked under the cushions you could argue it... but not in plain sight right next to you. You had full knowledge of its presence there and won't be able to dispute it.
If you can't afford a lawyer then request the public defender when the time comes. If no blood/breath test was taken then you can still beat the DUI charge. If you were only cited, not arrested, then it is possible that you can be reimbursed for the tow fees. The officer could have cited you, confiscated the pipe, and left the vehicle. Since you were not arrested that says a lot about the strength of the DUI charge.
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