MacDaniel E Reynolds’s Answers

MacDaniel E Reynolds

Portland DUI / DWI Attorney.

Contributor Level 6
  1. Can a DUI with a class 4 assault with a motor vehicle ever be expunged?

    Answered about 2 years ago.

    1. MacDaniel E Reynolds
    2. Sean M Neary
    2 lawyer answers

    If your friend was convicted of a DUII in Oregon, I'm afraid the answer to her question is "no" - DUII convictions cannot be expunged in Oregon. With that said, she will be eligible at some point to have the Assault 4 expunged - the 'when' will depend on the timeline of any arrests or convictions she may have. Please feel free to have your friend call my office - we offer a free initial consultation, so she will at least know what her options are going forward. I wish both of you the best....

    8 lawyers agreed with this answer

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  2. Can someone be charged with a dui if the cop was not there while the person was actually driving?

    Answered over 1 year ago.

    1. MacDaniel E Reynolds
    2. Jay Bodzin
    3. Richard E Oberdorfer
    4. Peter Anthony Jabaly
    5. Shelley L Fuller
    5 lawyer answers

    The short answer to your question is yes, a person can be arrested for a DUI even if an officer did not see he or she driving the car. There are different types of evidence - direct evidence (the officer saw someone drive), and circumstantial evidence (a chain of events that leads to a conclusion). The police can use both types of evidence in making an arrest, and the prosecutor can use both types of evidence to try to convict someone. I hope this helps, but if not, or if you have any...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Had 2DUI and has to do drug alcohol classes they gave me a non-compliance in Oregon I have no priors and on bench probation

    Answered about 2 years ago.

    1. MacDaniel E Reynolds
    2. Richard E Oberdorfer
    3. James C Forslund
    3 lawyer answers

    The whole concept behind a judge putting you or anyone else on probation is that probation gives the judge an 'enforcement mechanism' (a.k.a. a big stick or hammer...) to ensure that you do what the judge told you to do. Depending on how the judge structured the original sentence, you could have the better part of two years custody and $12,000 in fines over your head (the maximum sentence for one Class A misdemeanor DUII is one year in jail and between $6250 and $10,000 in fines - if you were...

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  4. Can we have time prior to sentencing applied as time served re: license renstatement?

    Answered almost 2 years ago.

    1. Richard E Oberdorfer
    2. MacDaniel E Reynolds
    3. Jeremiah Vail Ross
    3 lawyer answers

    This is MacDaniel Reynolds with the Reynolds Defense Firm in Portland. I'm afraid the law says just what you don't want it to say - that the 10-year suspension will start on the conviction date of the third DUII, and that your friend will not receive credit for the time before the lifetime suspension went into effect. At this point, my suggestion is to contact your legislator - until they hear enough real-life examples of the realities of what this portion of the law does to people, the law...

    4 lawyers agreed with this answer

  5. My husband got a DUI. He can't make the court date, we'll be out of state. How do we get it changed?

    Answered almost 2 years ago.

    1. MacDaniel E Reynolds
    2. John E. Schlosser
    3. Charles K. Kenyon Jr.
    3 lawyer answers

    My name is MacDaniel Reynolds with the Reynolds Defense Firm, and my office specializes in representing good people facing DUI or other criminal charges in Oregon. I am sorry to hear that you and your husband are having to face a both a DUI charge and an uncaring court clerk. Assuming your husband is facing only misdemeanor charges (meaning no felony charges) then Oregon's laws do provide a way for a court to allow your husband's appearance to be waived if an attorney represents the person...

    3 lawyers agreed with this answer

  6. Can I be charged with dui in oregon based on the hospital calling the police after giving me pain medication.

    Answered about 2 years ago.

    1. MacDaniel E Reynolds
    2. Joshua Pond
    3. Charles K. Kenyon Jr.
    3 lawyer answers

    This is MacDaniel Reynolds with the Reynolds Defense Firm in Portland, Oregon, and my firm specializes in representing good people facing DUI or other criminal charges in Oregon. Here is my concern for you - if the police contact you based on upon the hospital's report, and if you answer the police officer's questions, you can inadvertently give them enough information to not only result in you being arrested and charged with the DUII, but to actually be convicted of the charge if things go...

    3 lawyers agreed with this answer

  7. Can the citing officer offer recommend that I take a safety class, plead not guilty, then at the hearing present certificate?

    Answered almost 2 years ago.

    1. Jared Justice
    2. MacDaniel E Reynolds
    3. Emily M. Oberdorfer
    3 lawyer answers

    Hi, this is MacDaniel Reynolds with the Reynolds Defense Firm here in Portland. I'm afraid there is not really a legal answer to your question - unless you have witnesses to your conversation with the officer, or something is reduced to writing, you have to rely on the officer being true to his or her word. I agree that there seems to be little downside and plenty of upside to taking that safety class. If money is your concern with taking the class, call an insurance agent you trust to see if...

    2 lawyers agreed with this answer

  8. Can a juvenile be convicted of a felony or misdemeanor?

    Answered almost 2 years ago.

    1. MacDaniel E Reynolds
    2. Jorge Luis Rodriguez
    2 lawyer answers

    Hi, this is MacDaniel Reynolds with the Reynolds Defense Firm in Portland, Oregon. I agree with the answer already given, as long as the juvenile is being tried as a juvenile. With that said, it may depend on how the prosecutor elects to proceed on the case - for example, some Oregon counties will proceed against a juvenile in adult court even on non-felony traffic charges such as misdemeanor DUII. I hope this helps, but if not, or if you have any other questions, please feel free to contact my...

    2 lawyers agreed with this answer

  9. What r charges for a class A misdemeanor first ofence. Stealing aprox 130$ in state of Oregon

    Answered almost 2 years ago.

    1. Jared Justice
    2. Jordon Huppert
    3. MacDaniel E Reynolds
    3 lawyer answers

    My name is MacDaniel Reynolds with the Reynolds Defense Firm in Portland, and I'd like to add one piece to what has already been written - one of the reasons to have an attorney help you on your criminal case is that your attorney may be able to resolve your case through a process called a 'civil compromse.' In Oregon, some misdemeanor and Class C felonies, including Theft II, the charge you may face, can potentially be resolved in this way, and if successful, the end result would be a...

    2 lawyers agreed with this answer

  10. How can I get my son out of jail with an accusation that happened 10 years ago?

    Answered about 2 years ago.

    1. Jay Bodzin
    2. John E. Schlosser
    3. MacDaniel E Reynolds
    3 lawyer answers

    This is MacDaniel Reynolds with the Reynolds Defense Firm in Portland, Oregon. I agree completely with your last sentence - something does seem very wrong here. Your son is in jail because the police and/or prosecutors are currently believing this girl when she says that something very serious took place 10 years ago. You son needs to find an experienced attorney he can trust to help him defend himself. While I do not take on these types of cases myself, please feel free to call me, and I will...

    2 lawyers agreed with this answer