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Oregon Man Gets DUII Conviction Reversed After Wheelchair Ruling

Drunk driving remains a serious issue in the United States, and the dangers are even greater than many people realize. That’s because drivers who make the mistake of operating their motor vehicles after drinking alcohol don’t just make this irresponsible decision once or twice after a night of drinking. Sadly, an average drunk driver has been drunk behind the wheel roughly 80 times before their first arrest.

But that doesn’t mean that everyone arrested for driving under the influence of drugs or alcohol is a chronic drunk driver. In an extremely unusual case, one Oregon man recently had his bizarre DUII conviction reversed.

In 2012, James Richard Greene was convicted on a DUII charge in Lincoln County after hitting the side of a truck. The only problem, however, is that Greene was not behind the wheel of a car or truck, he was operating a motorized wheelchair.

“We are persuaded that the dichotomy that pervades the vehicle code between pedestrians and operators of vehicles decisively evinces a legislative intention not to subject people in motorized wheelchairs to the DUII statutes when they are traveling as pedestrians in crosswalks,” wrote Judge Rex Armstrong representing the Oregon Court of Appeals.

According to Courthouse News, the Court of Appeals reversed Greene’s ruling and fully acquitted him.  “We conclude that a person using a motorized wheelchair under circumstances in which the person is a pedestrian for purposes of the vehicle code is not subject to the DUII statutes,” added Judge Armstrong.

Because DUII law is so complicated, it’s important for anyone involved in a DUII case to contact an experienced attorney who can help resolve such legal issues.

A DUII attorney can help with a DUII defense no matter the situation, whether you’re a wheelchair-operating first time offender or a repeat offender hoping to avoid jail time.

Although drunk driving is a very serious crime that can result in the loss of numerous innocent lives, everyone has a right to legal representation.  DUII cases can be complicated and difficult to maneuver, and if you aren’t getting proper legal counsel throughout the entire process, you run the risk of being improperly charged or unfairly sentenced.

Greene’s case is the perfect example of why it’s important to work with a DUII attorney in Oregon. Despite being charged and convicted in 2012, he was able to get his ruling reversed. Everyone should have that same chance.

Contact Jared Justice today if you’re in need of a Lake Oswego DUII attorney.

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