A warrant for my arrest was issued in oct. I was arrested at my home in early nov. I gave up $500 bail and appeared in court thr day after I was arrested ( oddly enough I made the court appointment to appear 2 weeks prior to arrest and was arrested the night before my scheduled appointment ) . I have appeared in court 3 times now and each time the same judge advises me to get an attorney ( the case is a probation violation which did not occur , plain and simple so I choose to represent myself ) and I tell her the case is too simple and I choose to self represent , she advises against it , I tell her I will stick with my decision , and she sets my case out another month . I have court date Wed mar 4 , again . So when has my right to a speedy trial been denied ? My last three court dates have had the exact thing happen , I Won't take a lawyer , the district attorney refuses to return my calls or talk to me ( though the judge told me I HAVE to talk to him ) .
If it makes a difference , I live in Oregon and my charge was a dui first conviction .

Soooooooo... How do I press the issue of being denied my speedy trial rights ?

My next post will deal with my " probation violation " , a term of my probation I was never made aware of verbally or in writing .

You retain an Attorney familiar with the laws in your State and the procedures which are/should have been followed.

Hello mr:

I think you need an attorney. Either you don't understand the situation, or you weren't able to tell us what the situation is.

Apparently you have TWO cases going on; a DUI, and a probation violation.

I can't tell which particular case you might be addressing above.

If it's the violation, you're not entitled to a speedy trial. In fact, you're not entitled to a trial at all.

If it's the DUI, you're going to have to tell us MORE about it than you have. Most DUI arrests DON'T happen in your home. There's MORE, and we need to know what it was.

But, I don't know if you have time to learn the law. I think you should be spending your time saving your a$$.

excon

You need to take a hint from the Judge who wants you to have an attorney. She's not doing this to waste her breath. Judges don't go out of their way like this either. Apparently she thinks it's worth your time to get an attorney and stop playing Perry Mason in her courtroom as you will more than likely lose and lose big time. The lady is trying to be helpful. I'd stop looking at "technicalities" such as speedy trial, etc. and start attorney shopping.

Excon , the dui has already gone through the courts and I have completed all the requirements of my probation . The PV is this . As part of my sentence I was required to attend alcohol treatment , another part of that , a useless redundancy in sentencing , I had to go to an alcohol evaluator ( who said I don't overdrink and I drink for the right reasons , that I don't need the class but I'm required to take it ) and be referred to my local treatment center . This was last July , I told him I get a good tax refund every year and since I was on probation for 2 years regardless of how quickly I get my requirements taken care of I would attend in January so I could pay for it all at once .He made no mention of the tine limit condition . A month later I called the treatment center to find out about times and how to in process . 2 weeks later I went to the treatment center , picked up a client handbook and told the counciler I would start in Jan for the same reason ($) .Again no mention of a time limit .
I was arrested in Nov for PV . The violation was , there was a time limit on the time between seeing the evaluator and " making contact " with the treatment center . Here is my very valid argument >>>>> I MADE CONTACT <<<<<<< neither the evaluator nor the counciler made me aware of the time restriction even though I told both of them my time line and the reasons for it ( money and 2 yr probation regardless of completion of sentencing ) . Also the counciler did not document my call or visit ( though she remembers them ) and inasmuch as if I had a " no contact " order and I called or physically visited the person I would count as contact , I did indeed make contact,, twice .

And to>>>>> twinkerdoodle <<<<< I hate to be the one to break it to you but Perry Mason WAS an attorney . The judge wants me to get an attorney just so she can stick her hand in my wallet one more time...

Still looking for an answer to what constitutes violation to my constitutional right to a speedy trial..

Oh and Excon , I am indeed entitled to a trial by jury for this . Even my crooked judge said that...

[QUOTE=mraskme;1581237]... another part of that , a useless redundancy in sentencing , I had to go to an alcohol evaluator ( who said I don't overdrink and I drink for the right reasons , [QUOTE]



What are the right reasons to drink to the extent of at least one DUI arrest?

Mraskme - You totally missed the boat here. With a probation violation there is no speedy trial rule. You already had your chance at a trial prior to your conviction. The probation violation is post conviction and is not under the speedy trial rules. These are two different entities in the eyes of the law. Sorry.

And Perry Mason was a fictional character made up by Earl Stanley Gardner and played by an actor Raymond Burr. He played an attorney and in real life would have lost a considerable amount of cases.

Your "excuse" of not having money won't fly with the judge. Sorry. So you went there. Great. You didn't sign up and take the required courses at the treatment center.

It is not up to the personnel at the center to hold your hand and tell you anything. You are so busy pointing your finger at the center for their shortcomings and fail to see who the real procrastinator is - you.

The Court does not care what your reason is/was that you did not attend court ordered classes or treatment. The only valid excuse they will accept is if you are in a coma in a hospital or dead (or something similar). Money or the lack thereof is not considered a valid excuse.

You will loose, sorry. Don't say we didn't warn you.

Quote:

---

Originally Posted by mraskme

Oh and Excon , I am indeed entitled to a trial by jury for this . Even my crooked judge said that ...

---

Hello again, mr:

Well, I'm sticking with my previous post.

Probation violation isn't a crime. Therefore, you aren't entitled to a trial, speedy or not.

Do I care that a judge disagrees with me?? He ain't the first, and he won't be the last!

excon

Hey, mr, for what it's worth, excon is correct - there is no "speedy trial" right in PV proceedings...

What "trial" is it that you want to speed up? A PV hearing is not considered a trial. Your "trial" was the part where you either pled guilty or were convicted. That was the only part that you were entitled to have conducted in a speedy manner.

Ok , So I >>did<< represent myself,, and I got my PV case dismissed . 1st , excon you were right about p v not being a speedy trial issue . I could have called for a hearing , not a trial . A misinterpretation on my part ( and if it was an issue , 5 month's isn't considered an unusual delay , at least not in this county ) .


Now twinkerdoodle... Yes , I think everyone knows about perry mason ( and a book before a TV show ) . So I wasn't trying to "be" a lawyer , just represent myself ( as I'm entitled to do ) .
You also missed the whole point about the counseling part of my sentence . I was told my probation was 2 years no matter how fast I got all the terms completed . Several parts of the sentence had deadlines but the councling did not . My point there was I told both parties involved what kind of time line I was looking at and neither the referring agent nor the councilor told me I couldn't wait that long , and YES it was their job . I wasn't asking them to " hold my hand " as you so sarcasticly put it , but it's their program and they have an obligation to tell me the rules . One of the people in the class waited over a year to start and was never informed he had to do otherwise , another has restarted 5 times now , the rules here need to be applied evenhandedly to everyone and they are not . They claim to send out monthly statements or contacts to all clients and nobody in my group (15 of us )has ever received any ! My raising a stink about this has uncovered a serious flaw in their filing system and they are working to fix it , because of My complaints .

So the courts DID care what my reason ( not" excuse ") was , the judge and district attorney DID agree with me , I DID NOT lose , and although I can't say you didn't warn me, I can say you weren't even in the ball park of knowing what you are talking about . You made some assumptions and didn't bother to ask for details . If I were given a " no contact " order from the judge and I called the person , or physically went to see them I would be in violation right ? Well I was ordered to " make contact " with the agency and they don't keep a phone log or a log of who comes in , both shortcommings on their part and a contributing factor in my winning !
Twinker ------ try decaf !

You never answered my question. What did the evaluation say ARE the right reasons to drink to the extent of two DUI's?

And, again - you are aware Perry Mason is a pretend person, not a real person, right?

[quote=mraskme;1581237]... another part of that , a useless redundancy in sentencing , I had to go to an alcohol evaluator ( who said I don't overdrink and I drink for the right reasons , [quote]

JudyKayTee I'm not condoning DUI 's but one doesn't have to be drunk to get one . Most DUI 's are victimless but a fantastic moneymaker for the state / county . My wife works for a sleep center ( studying apnea , not selling waterbeds ) and science shows driving tired is more dangerous than after a few beers . But there is no way to measure your tiredness so they can't fine you for it ( yet ) and causes as many accidents annually . I also have a friend who was special ED. Through all 12 years of school . I have seen this person misspell their own last name 2 times in a row , yet they have a drivers license , They drive stupid EVERY SECOND they are behind the wheel but its legal ( she has had 7 accidents , # while talking on the cell phone , and I have had none in 32 yrs of driving ) .
Let me repeat , I don't condone driving under the influence of anything , but its not the worst problem out there .

I'm an Accident Investigator. I hear this argument following DUI/DWI accidents all the time. It's called, "I'm bad but so are they." It's not against the law to drive tired. It is against the law to drive above a certain blood alcohol content.

I know all about cell phones. I also know all about people who have driven 100 years without an accident. That is meaningless to me. I only care about the body they just left on the highway following this particular accident.

I do want to know what the right reasons to drink - according to the evaluator - are.

And as far as DUI/DWI not being the worst problems out there - in my line of work you are wrong.

I respect your right to have an opinion, I truly do. I just want a more clear explanation of what the evaluator had to say.

And so there is no question because I've posted this before - my Dad was killed by a drunk driver. The DD had never been in an accident before, had 3 DUI's, thought there are worse problems out there.

[QUOTE=JudyKayTee;1593672]You never answered my question. What did the evaluation say ARE the right reasons to drink to the extent of two DUI's?

And, again - you are aware Perry Mason is a pretend person, not a real person, right?

[quote=mraskme;1581237]... another part of that , a useless redundancy in sentencing , I had to go to an alcohol evaluator ( who said I don't overdrink and I drink for the right reasons , OK , Mason... TV... book... fictional... Can we call that one done to death ?
NEXT

Understand DUI is not the same as driving drunk . The legal limit here is .08 , but if you blow a .04 you can still get arrested if the cop thinks money will be made off you , I mean if he thinks you are impaired . One can get a DUI on a skateboard , or piloting a wheelchair . One can get a DUI while only on prescription meds . My bro. got a DUI while driving himself to the hospital for a diabetic condition called acidosis ( no alcohol involved ) . My DUI took place entirely in my own , very rural , driveway . I had been listening to the car stereo and drinking beer at home . A cop drove by , saw me , and since the key was in the car ( though the car had not been moving , and the key must be in to listen to the tunes) I got a DUI and was never a hazard to anyone . I'm sure if I had been sitting in a class "E" , the cop would have assumed I also had funds for an attorney and would never have stopped .
The overwhelming majority of DUI's are totally victimless . Period .

... Perry Mason... fictional... got it !

If you're going to pick on MB drivers, at least pick a more upscale series - an "E" class? Don't you just hate those rich es who drive them and get away with this side of murder? Ahh, the privilege that comes with wealth. No need to obey the laws. Shameful.

Otherwise - okay. Stalemate.

How does " assumed I had funds for an attorney " translate to being picked on?. No I don't hate anyone because of what they drive , Why would you think I do ? I also didn't say anything about privileged folks getting away with murder , O.J Simpson , Robert Blake , Ronnie Spectre and even Ted Kennedy ( or his cousin Michael Skakel ) would agree with me on that .
Stalemate , look again , I'm thinking checkmate .

You said: "sure if I had been sitting in a class "E" , the cop would have assumed I also had funds for an attorney and would never have stopped." When you quote yourself, be sure to finish the quote.

I'm sure when you say Class E you mean E Class MB.

This has turned into a message board, nothing is being accomplished (and I am part of the cause) - time to close.