I am being charged with criminal mischief three in Oregon for saliva falling out of my mouth inside a police car should I take it to trial?

I would NOT take it to court. Unless you have a good lawyer, you're gonna lose that one (and really retaining counsel for a CM3 offense is ridiculous). Here's why: to make it brief, the chips are stacked WAY against you on this one.

The judge is always going to listen to the arresting officer, and in light of the DUI, he's probably not going to buy the "it fell out of my mouth," bit or the "I was drooling" story either. When asked how you plea, just take No Contest and you'll probably get some extra community service tacked on to your DUI as well as a small fine, but I'd really leave it at that.

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