Oregon DUI Library

Oregon Police Officer Busted for Arresting Sober Motorists for DUI

Oregon Officer had a high DUI arrest record before resigning after an investigation.

Police Officer Dave Cox made 27 of the 35 total DUI arrests in Corvallis, Oregon during the month of May 2007, and he was named DUII Enforcement Officer of the Year four years ago. It now seems that a performance oriented system lead Cox to arrest of sober motorists, including as many as 6 last May.

On May 11, David E. Picray drove to a bar to pick-up his wife and friends. Through a text message he learned the group had moved to another bar a block away. Picray drove closer to the second bar, and the short distance moved aroused the suspicion of Officer Dave Cox.

Cox wrote in his drunk driving arrest report that Picray’s eyes were bloodshot and watery and that his tongue had a light green coating. Picray had been suffering from a cold and was chewing gum. Picray registered a 0.00% blood alcohol content on a Breathalyzer, and a drug test revealed only trace amounts of codeine from cold medicine.

Picray notified the City of Corvallis of his intent to sue for false arrest, which lead to an investigation of Officer Cox. It was discovered that at least six of 27 motorists arrested by Cox for Oregon DUI last May registered BAC levels below the legal limit of 0.08% and drug tests were negative. Nonetheless, the majority of the arrest reports from May contained nearly identical notations of "bloodshot and glassy eyes" and other alleged indicators of intoxication.

Oregon DUI defense attorneys claim it is a common practice to write an arrest report to reflect what the officer should have seen in order to substantiate the arrest. The larger concern is that police officers have learned that pay reviews and awards can be influenced by performance; the higher the number of arrests, the greater the potential for reward. Unfortunately this system places economics as a higher motive for issuing traffic citations than highway safety.

Officer Cox was placed on paid leave and he subsequently resigned. Picray was not charged with an Oregon DUI, though the arrest will remain on his record.

Son of University of Oregon Coach Mike Bellotti in Middle of DUI Controversy

Colleen Bellotti accosts journalist over article about son Luke’s two Oregon DUIs .

Luke Bellotti is the part-time kicker for the University of Oregon Ducks football team, and the son of head coach Mike Bellotti. Luke was arrested for driving under the influence of intoxicants (DUII) not once, but twice in the past year. He recently entered a guilty plea as part of an agreement with prosecutors and he must spend five days in jail before December 30.

The story takes a few twists and turns from that point.

Even though the University of Oregon athletic department publicly announced the suspension of football receiver Derrick Jones for ‘a violation of team rules’, the suspension of the team mascot for fighting with the Houston Cougars mascot and the recent suspension of two basketball players, it elected to keep Luke Bellotti’s three game suspension a secret. The coaching staff decided instead to explain the absence of the coach’s son as a case of ‘digestive illness’.

A sports journalist with The Oregonian revealed Luke Bellotti’s drunk driving arrests, and questioned the perceived double standard in remaining quiet about the suspension of the head coach’s son while making public the alcohol related transgressions of other athletes. During the Oregon Ducks football game against PAC 10 conference rival USC Trojans, coach Mike Bellotti’s ex-wife Colleen sought out the journalist to berate him for writing about her son’s DUI arrests. She, along with friends, several young children, Luke’s girlfriend and a nanny entered the press box at Autzen stadium during the fourth quarter of the Oregon-USC game and proceeded to go on a profanity-laced tirade. Colleen Bellotti’s breath reportedly reeked of alcohol, as she grabbed the journalist’s suit lapel and threatened to slap him. The nanny, holding Bellotti’s infant son, also entered the fray with her own string of profanity.

The situation ended with Oregon's sports information director calling security.

www.goducks.com
usctrojans.cstv.com
www.pac-10.org

Oregon Taking Away Licenses for Out-of-State Suspensions

In the First Week of New Enforcement, 15 People Lose Their Right to Drive for Problems Elsewhere.

Tuesday, February 08, 2005

DAVE HOGAN

SALEM -- Closing a longtime loophole in drunken-driving enforcement, state officials have started taking away Oregonians' drivers licenses if their licenses are suspended in other states for failing a sobriety test or refusing to take one.

Oregon's Driver and Motor Vehicle Services suspended 15 drivers' licenses last week, the first week of the new enforcement.

Dozens of times a month, other states take away Oregonians' licenses because they're suspected of driving drunk and they refuse to take a sobriety test, or fail one. But until Jan. 31, the DMV didn't enforce the out-of-state suspensions unless they were court-ordered.

After a federal audit called the lack of enforcement a problem, state officials began to make the computer coding changes and other arrangements needed to enforce out-of-state suspensions.

The new enforcement kicks in when the DMV is notified that another state has suspended an Oregonian's license to drive. The driver loses his or her license until the out-of-state suspension has ended and they've cleared requirements for reinstatement, including fees.

"We are imposing an indefinite suspension," said Mary Garcia, the DMV's driver control program coordinator. "These people will be suspended until they can provide clearance from the other state."

The change eliminates a longtime inconsistency in licensing.

Drivers who fail sobriety tests in Oregon lose their licenses for 90 days for the first failure, and for a year for a second failure.

Drivers who refuse a sobriety test in Oregon automatically lose their license for a year, and a refusal in a second case results in a three-year suspension. In 2003, more than 12,000 Oregon drivers had their licenses suspended for refusing a test.

Since 1983, state law also has allowed the DMV to take away the licenses of Oregon drivers who refuse sobriety tests in other states. Most of the out-of-state suspensions occur in Washington.

But if their out-of-state suspension went no further than a diversion program and did not result in a criminal conviction, Oregon drivers were able to keep driving at home. Until now.

The change can be traced to a Federal Motor Carrier Safety Administration review of Oregon's commercial driver licensing in 2001. The DMV then told the federal agency it would begin enforcing out-of-state suspensions in early 2004.

But DMV administrator Lorna Youngs later said the plan would be delayed until this year because of other information technology projects "and our limited resources."

Oregon Brings Down Hammer on Drinking Drivers

Oregon's laws on driving under the influence of intoxicants have changed dramatically in recent years. Permanent revocations of driving privileges are now commonplace. Many drivers who could previously avoid a DUII conviction by entering a diversion program are now ineligible for that alternative.

By Hugh Duvall Published: Monday, August 14, 2006

Many people are still unaware of these severe consequences. So, if you ever drink any amount of alcohol and then drive, read every word of this article. If you know anyone who does, grab a pair of scissors and start clipping.

Everyone who drives in Oregon should, at a minimum, be aware of the following:

The legal limit: It's not as simple as 0.08 percent. There are two ways a person is considered under the influence of intoxicants in Oregon. First, if his or her blood alcohol content is 0.08 percent or greater. However, a person is also considered under the influence of intoxicants if any one of his or her mental or physical abilities is adversely affected by intoxicants to a perceptible degree, regardless of the person's blood alcohol level.

A person can be guilty of DUII with a blood alcohol content of 0.07, 0.06 or even 0.05 percent! And "intoxicants" includes more than alcohol. A person is guilty of DUII if he or she drives under the influence of drugs - even prescription drugs. Oregon's law is very close to a zero tolerance standard.

Two problems for the price of one: Most DUII cases involve two governmental entities pursuing action independently against the accused: 1) The state Driver and Motor Vehicle Services Division takes administrative action, and 2) a city or the state prosecutes the person criminally.

If a person blows a 0.08 percent or greater, the DMV will seek a driver's license (implied consent) suspension of 90 days to one year, or if a person refuses a breath or blood test, a one- to three-year suspension. This DMV action is completely separate from any court suspension.

The four poison pills: If a person is convicted of DUII, every court in Oregon must impose at least these four consequences:

1) Two days in jail or 80 hours of community service,
2) a $1,000 fine,
3) payment for and completion of an alcohol treatment program, and
4) a one-year driver's license suspension (separate from the DMV implied-consent suspension mentioned above).

The diversion program: It's not a guaranteed safe haven. A person charged with DUII may be eligible for Oregon's DUII diversion program if:

1) he or she has not been convicted of a DUII or been in a diversion program in the past 10 years,
2) the presently charged DUII did not involve an accident in which anyone but the person accused was injured, and
3) the person did not have a commercial driver's license (even if that person was not operating a commercial motor vehicle at the time). If the person successfully completes this diversion program, then the court dismisses the criminal case.

So, while the DUII diversion program allows many to avoid a conviction, if a person has a commercial license, or the matter involved an injury, this option is unavailable.

The bad news about blackout periods: All DMV implied consent suspensions have a period during which absolutely no driving is allowed - none. This "blackout period" lasts at least 30 days, but can be considerably longer. This can obviously throw the person's life into turmoil.

The really bad news is for repeat offenders: Oregon imposes a "permanent" driver's license revocation on a third or greater DUII conviction - regardless of over how long a period those convictions occurred. For example, if a person had two DUII convictions while in college 20 years earlier, and is convicted of a third, perhaps because he or she was ineligible for the diversion program, the court will impose a "permanent" revocation.

A fourth DUII conviction within a 10-year period is a felony. No driving privileges are available for these individuals for at least 10 years following such conviction.

The bitter truth: An urban myth has evolved that if someone charged with DUII has enough money, or the right attorney, then he or she can "beat" the charge. Not in Oregon. Oregon's DUII laws are some of the toughest in the country. And the least someone can hope to face in court is a police officer willing to testify that in his or her opinion the accused drove under the influence of intoxicants.

Anyone knowledgeable about Oregon's DUII law thinks twice before drinking any amount of alcohol and then driving.

Hugh Duvall, a criminal defense attorney based in Eugene, is vice president of the Oregon Criminal Defense Lawyer's Association.

Source: http://www.registerguard.com

American Idol Contestant Has Oregon DUI

Thomas Daniels was convicted of drunk driving in 2004

One of the few contestants to impress the judges at the Seattle auditions of American Idol has a DUI arrest record.

Thomas Daniels, 21, entered a guilty plea to an Oregon DUI arrest in 2004, and was required to pay a fine, join a one-year alcohol program, attend AA meetings and regularly see a probation counselor.

The DUI arrest was to be expunged from his records after completion of the court mandated requirements stemming from his conviction.

The Oregon DUI was not Daniels’ only arrest. In late 2005 he was involved with a hit-and-run accident. He failed to appear in court for that incident and he was arrested again.

Daniels did not indicate whether he disclosed his criminal past to the producers of American Idol.