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New bill would allow falsely accused to get DUIs expunged from record
Bill stems from complaints made of ex-CPD officer Cox, who falsely accused around 100 people of driving drunk
Theo Hendrickson
Issue date: 4/6/09 Section: News
The Oregon Senate is in the process of passing a bill that would allow people that have been falsely accused of a DUI to have it expunged from their arrest record.
Current law under ORS 137.225 states that, "At any time after the lapse of one year from the date of any arrest, if no accusatory instrument was filed, or at any time after an acquittal or a dismissal of the charge, the arrested person may apply to the court that would have jurisdiction over the crime for which the person was arrested, for entry of an order setting aside the record of the arrest."
However, under subsection (5) of the bill, this doesn't apply to "a person convicted of, or arrested for, a state or municipal traffic offense." The bill can expunge charges such as robbery in the third degree, possession of a controlled substance and even impersonating an officer.
"Last week all 60 House members voted to pass the bill, HB 2318," the Associated Press said. It now is in the process of being heard in the Senate.
The bill was proposed mainly from the complaints concerning a former Corvallis Police Department Officer, Dave Cox, who was notorious for falsely accusing about 100 people of intoxicated driving. One of the people falsely accused was Brian Noakes, who was just awarded "about $65,000 and a letter from the Corvallis Police acknowledging that he was, as tests showed, sober when arrested," the AP said. Cox has resigned from his position and "the city has settled two similar suits for lesser amounts, $2,500 and $3,000, and a fourth is awaiting a trial."
One of the main concerns of the bill is that people who have taken over-the-counter remedies get their DUI charge dropped. Chuck Hayes, a former Oregon State Police Officer, investigated a rollover crash in Portland where a 17-year-old driver "drank two bottles of Robitussin cough medicine just before the accident," the AP said. He was charged with a DUI, but it was later dropped.
"More drugs are being prescribed all the time that have psychoactive properties. We need to get after it while we can before it gets totally out of control," Hayes said.
Theo Hendrickson, staff writer
news@dailybarometer.com, 737-2231
Current law under ORS 137.225 states that, "At any time after the lapse of one year from the date of any arrest, if no accusatory instrument was filed, or at any time after an acquittal or a dismissal of the charge, the arrested person may apply to the court that would have jurisdiction over the crime for which the person was arrested, for entry of an order setting aside the record of the arrest."
However, under subsection (5) of the bill, this doesn't apply to "a person convicted of, or arrested for, a state or municipal traffic offense." The bill can expunge charges such as robbery in the third degree, possession of a controlled substance and even impersonating an officer.
"Last week all 60 House members voted to pass the bill, HB 2318," the Associated Press said. It now is in the process of being heard in the Senate.
The bill was proposed mainly from the complaints concerning a former Corvallis Police Department Officer, Dave Cox, who was notorious for falsely accusing about 100 people of intoxicated driving. One of the people falsely accused was Brian Noakes, who was just awarded "about $65,000 and a letter from the Corvallis Police acknowledging that he was, as tests showed, sober when arrested," the AP said. Cox has resigned from his position and "the city has settled two similar suits for lesser amounts, $2,500 and $3,000, and a fourth is awaiting a trial."
One of the main concerns of the bill is that people who have taken over-the-counter remedies get their DUI charge dropped. Chuck Hayes, a former Oregon State Police Officer, investigated a rollover crash in Portland where a 17-year-old driver "drank two bottles of Robitussin cough medicine just before the accident," the AP said. He was charged with a DUI, but it was later dropped.
"More drugs are being prescribed all the time that have psychoactive properties. We need to get after it while we can before it gets totally out of control," Hayes said.
Theo Hendrickson, staff writer
news@dailybarometer.com, 737-2231
Note: writers will not reply to comments.
Viewing Comments 1 - 1 of 1
Heather Bass
posted 4/06/09 @ 10:31 PM PST
What an interesting story. I had read nothing about this in California so I am so glad to get your updates on Oregon news. Great writing. Keep it up.
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