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Final Order Dismissing Suspension for Refusing a Breath Test
In the Matter of the Suspension of the Driving Privileges of (name withheld for client privacy)
DUI arrest in Hillsboro, Oregon
Case summary: client refused breath test and was given an implied consent license suspension of one year. Attorney Bart Herron challenged the driver license suspension in a DMV administrative hearing and prevailed due to identifying for the judge an improper procedure employed by the arresting police officers.
Excellent outcome: client’s driver license suspension was cancelled. The judge issued an order to permit Attorney Bartley Herron’s client to obtain a new driver license.
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Final Order Dismissing Suspension for Failing a Breath Test
In the Matter of the Suspension of the Driving Privileges of (name withheld for client privacy)
Case summary: our client was arrested for DUI in Beaverton. Client failed the breath test. Client’s driver’s license was suspended for 90 days, under Oregon’s implied consent law. Attorney Bart Herron challenged the driver license suspension in a DMV administrative hearing, held in Tualatin, Oregon. Attorney Herron won the hearing by showing that the stop and arrest by the Beaverton police officers and Washington County Sherriff’s deputy was constitutionally defective.
Result: client’s driver license suspension was cancelled by order of the judge. And, Attorney Bartley Herron’s client was issued an order allowing him to obtain a new driver license at no cost.
[The criminal driving under the influence of intoxicants case against defendant was also dismissed, in Washington County Circuit Court.]
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DUII Diversion allowed by judge, overriding district attorney’s motion to deny diversion.
State of Oregon, County of Marion vs. (name withheld for client confidentiality)
Both DUI arrests occurred in the Salem, Oregon area.
Case summary: client was arrested twice for DUI within a two week period. Client was a young adult. Client was not eligible for diversion on either case due to the other pending DUI charge. Our law office beat the first case on a legal technicality, before trial. Then we were able to get the client into the diversion program on the second case. The district attorney strongly opposed the client being allowed to enter diversion for a host of legal and policy reasons. Nonetheless, Attorney Bartley Herron demonstrated to the satisfaction of the court that our client met the legal requirements and should be allowed into the diversion program, despite the prosecutor’s opposition. The judge issued an order allowing our client into the diversion program, which would also allow our client to have the case dismissed upon completion of diversion. We were especially proud of this legal maneuvering, which gave our client the opportunity to go forward in life without a criminal conviction for either DUII.
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DUI – CASE DISMISSED.
In the Circuit Court for Clackamas County, State of Oregon, Case No. _____________.
Client was cited and charged with Driving While Under the Influence of Intoxicants (DUII) in the Clackamas County Circuit Court in Oregon City, Oregon.
The allegations against the client stated that defendant was under the influence of a controlled substance (prescription or non-prescription drugs) while operating a motor vehicle in Clackamas County, Oregon. The deputy sheriff responsible for initiating and making the stop and the arrest stated that defendant had failed the field sobriety tests. After the arrest, at the Clackamas County Jail, a DRE (drug recognition expert) evaluation was done by a DRE certified deputy sheriff to collect additional evidence against the accused driver. The “drug recognition expert” concluded in his repiort and findings: “it is my opinion, as a certified DRE, that at the time I conducted this evaluation, Mr. (name withheld) was under the influence of a narcotic analgesic and was unable to operate a vehicle safely.” The deputy sheriff DRE was interviewed by the district attorney and prepared to testify to his opinion of the client’s intoxication in Clackamas County Circuit Court, under oath and at trial.
Result of case: After substantial and significant efforts, records examinations, and discussions with the Clackamas County Deputy District Attorney, Attorney Bart Herron was able to get the case dismissed for his client without the need for any trial. Attorney Herron was able to persuade the DDA from the Clackamas County District Attorney’s Office to dismiss the charges.
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Driving While Under the Influence of Intoxicants (DUII) – CASE DISMISSED.
Multnomah County Circuit Court Case No. ___________.
Client was charged with (DUII) Driving While Under the Influence of Intoxicants in violation of ORS 813.010 (alcohol) in Multnomah County Circuit Court, Portland, Oregon. Client was unsatisfied with his first attorney’s work on his behalf and retained Attorney Bartley E. Herron to take over the case and to represent him in court. Attorney Bartley E. Herron set the matter down for trial and then began building a strong defense for his client. The defense included investigation and securing the services of a forensic scientist , to examine the evidence against the client, and to testify as an expert about the accuracy or inaccuracy of the results and conclusions of the breath test performed by the police.
Final Case Result: The DDA for the Multnomah County District Attorney’s Office agreed to dismiss the case.
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DUI – CASE DISMISSED after prevailing in court hearing on a motion to suppress evidence obtained during the arrest of defendant.
Marion County Circuit Court Case No. ________________.
Client had been charged with Driving While Under the Influence of Intoxicants (DUI) in Marion County Circuit Court, in Salem, Oregon. Client had failed the field sobriety tests (FSTs) administered by the police at the scene of the stop. At the Marion County Jail the client had consented to a breath test, with a test result of 0.16% BAC. Attorney Bartley E. Herron challenged in court both the constitutional legality of the stop and the legality of the arrest of his client, through a motion hearing to suppress the evidence obtained by the police. The judge agreed with Attorney Bartley E. Herron that the stop had been improper. The judge ordered the evidence to be suppressed. The charges were then dismissed by the court. This young man who had obviously made a large error in judgment by driving impaired, did not end up with a DUI criminal conviction to hamper his future prospects in life.
Excellent Outcome: CASE DISMISSED after winning motion to suppress.
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Final Order Dismissing Suspension for Refusing a Breath Test
Arrest for DUI in Lake Oswego, Oregon
Case summary: client was arrested for driving under the influence of intoxicants. Client refused to take a breath test and was given a driver license suspension of one year, under Oregon’s implied consent law. Attorney Bart Herron challenged the driver license suspension in a DMV administrative hearing held in Tualatin and won. Attorney Herron won the hearing by demonstrating to the satisfaction of the DMV judge, a constitutionally improper procedure used by the Lake Oswego police officers in stopping and arresting the client.
Outcome: client’s driver license suspension was cancelled and the judge issued an order to permit Attorney Bartley Herron’s client to obtain a new driver license at no cost.
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(DUI) Driving While Under the Influence of Intoxicants – CASE DISMISSED.
Washington County Circuit Court Case No. ____________.
Client was charged with Driving While Under the Influence of Intoxicants in violation of Oregon Revised Statutes 813.010 (intoxication by alcohol) in Washington County Circuit Court, in Hillsboro, Oregon. Client failed fthe ield sobriety tests (FSTs) which were administered at the scene of the traffic stop by the police. Outstanding Case Outcome: Dismissed.
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DUI – CASE DISMISSED.
State of Oregon vs. (name withheld).
Washington County Circuit Court Case No. _____________
Client was charged with (DUI) Driving While Under the Influence of Intoxicants (alcohol). Client failed the field sobriety tests (FSTs), which were administered by the arresting police officer. Then at the police station, client consented to a breath test. Police cited the client to court on the DUI, in Hillsboro, Oregon. After release from custody, client called Attorney Bart Herron who began working on his client’s defense.
Final Outcome: Case Dismissed.
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Driving While Under the Influence of Intoxicants (DUII) – “NOT GUILTY Jury Trial Verdict”
The State of Oregon vs. _____________.
Attorney Bartley E. Herron’s client was charged with DUII, by consumption of alcohol.
Brief Case Description: Client was arrested for DUII. The patrol police officer who made the stop called for the assistance of a special DUI designated patrol officer to come to the scene to conduct the field sobriety tests (FSTs) and collect the evidence that the driver was DUI. The specially trained DUII designated patrol officer determined client failed the field sobriety tests, was DUI, and made the arrest of the driver.
Client was offered entry into the court’s diversion program, but instead, he decided to go to trial with Attorney Bartley E. Herron as his trial lawyer. Result of case after trial: Attorney Bartley E. Herron’s client was acquitted by the jury – i.e. found “not guilty” After taking the jury’s not guilty verdict, the trial judge ordered that the case was dismissed. [The trial judge informed the client and stated on the record about Attorney Bartley E. Herron, “I just want you to know that your lawyer was worth every penny you paid him.”]
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DUII (Driving While Under the Influence of Intoxicants – both alcohol and marijuana – case result: client acquitted by the jury – WON JURY TRIAL!
State of Oregon vs. (name withheld).
Attorney Bart E. Herron’s client was charged with DUI, allegedly for both alcohol and marijuana.
Brief description of the case: client was arrested for driving while under the influence of intoxicants of alcohol and of controlled substances – i.e. marijuana. The deputy sheriff who made stop was the actual deputy sherrif designated by the sheriff’s department to train all of the other sheriff ‘s deputies on drunk driving/ DUI detection, testing and arrests – making the case a very difficult one to beat.
Disposition of Case: Attorney Bartley E. Herron won the jury trial for his client. The client was found “not guilty” by the jury. Thus, the judge ordered the case to be dismissed.
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Driving While Under the Influence of Intoxicants (DUII) and Reckless Driving – Case Result: DUI dismissed, Reckless Driving (crime) reduced to Careless Driving (a traffic violation punishable by only a fine).
State of Oregon vs. (name withheld).
Attorney Bartley E. Herron’s client was charged with DUI and Reckless Driving in circuit court.
Important case details: Attorney Bartley E. Herron discovered a significant technical legal error in the charging instrument. Attorney Herron exploited this legal issue to the great benefit of his client. The DUI charge was dismissed.
Excellent final case result: DUI charge dismissed. Reckless Driving criminal charge was reduced to a Careless Driving traffic violation. Client did not go to jail. Client did not end up with a crinminal record. All client had to do was pay a minor fine.
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Driving While Under the Influence of Intoxicants Case – Attorney Bart Herron won vigorously contested hearing. Diversion program ordered to be allowed by judge over the district attorney’s objection to prevent client from entering the diversion program.
State of Oregon vs. (name withheld).
Attorney Bartley E. Herron’s client was facing a pending DUI charge in circuit court.
Client had been arrested for DUI. Client wished to enter into the court’s DUII diversion program. However, the District Attorney was preventing entry by objecting to client being allowed to enter the program. Attorney Bartley E. Herron arranged to have the case brought before the court on a contested diversion entry hearing to ask the judge to override the District Attorney’s objection. Attorney Bartley E. Herron prevailed over the district attorney and the client happily was allowed by the judge’s order to enter into the DUI diversion program. The case was ultimately dismissed and the client remained free of having a criminal record.
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Driving While Under the Influence of Intoxicants/DUII (controlled substances) and Possession of Drug Paraphernalia – CASE DISMISSED.
State of Oregon vs. (name withheld).
Attorney Bartley E. Herron’s client was charged with DUI (allegedly by intoxication from controlled substances) and Possession of Drug Paraphernalia.
Case result for client was superior: All charges against the client were dismissed by the court.
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Final Order Dismissing Suspension for Failing a Breath Test
In the Matter of the Suspension of the Driving Privileges of (name withheld)
DUI arrest in Molalla, Oregon. Hearing held in Salem, Oregon.
Case summary: client took the breath test offered by the police and failed. Client was then given an implied consent license suspension of 90 days for the breath test failure. Attorney Bart Herron requested a DMV hearing for our client and challenged the driver license suspension. We prevailed through identifying for the judge an improper procedure which was performed by the arresting police officers.
Excellent outcome: client’s 90-day driver license suspension was cancelled by order of the judge, who also issued an order allowing our client to obtain a new driver license, at once.
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State of Oregon vs. (name withheld)
Washington County Circuit Court Case No. _______________
Charges: Driving While Under the Influence of Intoxicants.
Facts: Three police officers were on scene at the arrest. A Washington County Deputy Sherriff and two officers from the Beaverton Police Department. Client failed the field sobriety tests and the breath test. Client was arrested for DUI and his driver license was confiscated by the police.
Additional: Attorney Herron prevailed at the DMV hearing and got the client’s license suspension lifted by demonstrating that the arrest was procedurally improper. On the same grounds, Herron Law, LLC challenged the case in criminal court.
Result: CASE DISMISSED upon motion of Attorney Bartley E. Herron.
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Final Order Dismissing Suspension for Failing a Breath Test
In the Matter of the Suspension of the Driving Privileges of (name withheld)
Our client was arrested for a DUI in Portland, Oregon. The DMV hearing was held in Tualatin, Oregon.
Case summary: Our client was arrested for a driving under the influence of intoxicants after being stopped and failing the field sobriety tests. Client was taken to the police station where she failed the breath test, by having a BAC above 0.08 %. Client was then given an implied consent license suspension of 90 days. Our law firm requested a DMV hearing on our client’s behalf. We attended the hearing for her and won, by demonstrating procedural errors.
Best possible result: Our client’s 90-day driver license suspension was cancelled by the judge, and our client was given an order from the judge to take to DMV to obtain a new driver license from DMV at no charge.
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City of Salem vs. (name withheld)
Charges: Driving While Under the Influence of Intoxicants.
Facts: Very difficult case. Client failed the breath test and field sobriety tests. Attorney identified procedural irregularities and pushed the court to dismiss the case for these reasons.
Result: CASE DISMISSED upon motion of Attorney Bartley E. Herron.
* Any result achieved on behalf of one client in one matter does not necessarily indicate that similar results can be obtained for other clients.