Whether or not to go to trial is a decision that should be made with your attorney after careful review of the evidence in your case. In Oregon, prosecuting attorneys are not allowed to dismiss a DUII charge as part of a plea deal. Because of this, DUII cases are usually resolved by one of two avenues. The first is a change of plea, which is generally done to enter a diversion program, or to ask the court to impose a recommended sentence that has been agreed on by your attorney and the prosecutor. The second path to resolve a DUII case is to challenge the evidence that the state presents against you. This is usually done through pretrial motions that challenge the admissibility of the evidence, or by arguing at a trial that the evidence is insufficient to prove that you committed a DUII.
A skilled attorney who is knowledgeable in the intricacies of DUII law can best advise you whether it’s in your interest to go to trial or not and what the risks and rewards may be. The ability to make these recommendations is the product of years of work, study, and practice as well as keeping up to date with breakthroughs and changes in the statutes, regulations, and the case law coming out of the courts.
- Some people wonder whether they have options outside of a courtroom trial, such as plea bargaining or diversion programs.
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