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Ben Eder

Ben Eder’s Answers

16 total


  • I was arrested for a duii in oregon, but i dont believe the sheriff had a right to stop me. what can i do?

    i was pulled over for driving close to the white line, i passed the field sobriety tests too (except for a little hopping when they made me stand on one foot). i felt sober the whole time and cooperated, but after i was arrested they had me take a...

    Ben’s Answer

    Make sure you contact an attorney to request a DMV hearing to challenge the license suspension. You need to state that you are challenging the reasonableness of the stop and the probable cause for the arrest. This will give your attorney an opportunity to cross examine the police officer regarding the stop and lock him into testimony under oath. You might be able to use that to aid your motion to suppress. You have the right to legal counsel and they shouldn't have you waive any trial rights without advice of an attorney. The attorney should try and withdraw your waiver of a jury trial.

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  • On Dui felony probation 2nd violation for drinking

    This case is from 08 I violated 2 years ago and did 4 mo. in jail.i have been out a 1 1/2 yr .I have completed everything last check in PO told me she was going to send in papers for early release.So i went out that night with a few people.We call...

    Ben’s Answer

    If you question is what will happen, that is an answer only your probationary Judge can answer. Likely they have filed a probation violation and the court will set a hearing. The probation officer will type a report that will go to the judge before you appear in order to set the hearing. You should consult with a lawyer to decide if you would like to admit to certain violations or not. The DA and probation officer will likely have a recommendation for the Judge depending on if you admit or deny the allegation. You should bring any certificates you have of completion for your DUII sentence such as your victim impact panel and alcohol treatment.

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  • I completed a diversion for DUI then was charged with disorderly conduct in the 2nd degree after. will it effect my diversion?

    I was charged with a dui and completed the program. shortly after i was arrested and charged with a disorderly conduct 2nd degree charge. will my diversion be void and original sentence for the dui used now because of it? what kind of punishemnt w...

    Ben’s Answer

    The fact that you were arrested for another crime does not in itself affect your diversion agreement. If the facts of the disorderly conduct case violate the conditions of your diversion such as not consuming alcohol while in treatment or open container in a vehicle, then the disorderly conduct could terminate your diversion agreement. If you are still in treatment for drugs or alcohol, I would continue the treatment because you may be able to continue in the diversion program.

    The punishment if you are convicted of the discon is up to the sentencing Judge. It varies by county and even courtroom to courtroom. You should contact a local attorney and review your diversion agreement to make sure no terms were violated.

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  • If a person has to attend drug & alcohol classes for a second offense duii, can those classes be transferred to OR?

    My foreman has a second offense duii in nevada, but he is a resident and has a family in Oregon. If he is sentenced to attend drug 7 alcohol classes, can he attend those classes in oregon?

    Ben’s Answer

    Most likely yoru foreman can complete the alcohol classes in Oregon but I would make sure he gets permission from his probation officer and/or convicting judge. Oregon has lots of different treatment providers and would probably be more than happy to have a new client for seven or more classes.

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  • My cousin from the Philippines got a DUI with no DL. His court date is Monday. What is the likely outcome?

    My cousin from the Philippines got a DUI with no DL. His court date is Monday. What is the likely outcome?

    Ben’s Answer

    A lawyer would need more information to answer your question. It is not possible to predict the outcome. If your cousin qualifies for diversion and can complete diversion, then a lawyer can generally predict what will happen. If you cousin is not eligible for diversion or does not want to do diversion/try the case then it will likely be in the jury's hands. Most likely you will appear in court and they will tell you to come back after viewing the police report and/or speakiing with a lawyer. Your cousin should file for a hearing with the dmv if he is within 10 days of receiving the ticket.

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  • I have a FTA for DUI in Oregon. I actually did appear but did not complete the diversion. What are my options with this?

    Is there a statute of limitations on this? This was over eight years ago.

    Ben’s Answer

    Unfortunately when you enter diversion, you are submitting a plea of guilty or no contest. Either plea results in a finding of guilty. Your options are to turn yourself in for sentencing, which as an officer of the court, I have to advise you to do (the other option is to have a warrant out for your arrest). There is likely a warrant for your arrest for not completing diversion. It is impossible to predict the sentence you would recieve because it is up to the sentencing judge. This varies depending on the Judge/county. There is no statute of limitations for someone in your situation that entered a plea on the DUII, unlike someone who failed to appear on a criminal charge that is still pending (although there is a speedy trial analysis for those cases to see if the case can be dismissed). A judge will likely like to see that you did in fact complete alcohol/drug treatment even if after the fact.

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  • Can someone be charged with store theft a year later if they were never charged when it happened?

    my cousin stoled from a the storeand it is closed now but someone has been looking for him through investigation something ? and he is worried it is for something he did a year or more ago he was never charged then?can he be charge after the fact?

    Ben’s Answer

    If you are still within the statute of limitations, then your cousin can be charged one year later. The statute of limitations depends on the level of the crime. Misdemeanors have shorter statute of limitations than felonies. If your cousin is contacted, he should ask to speak with an attorney before answering questions.

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  • I have 2 pending dui charges from 2 different states. I also have a prior DUI. Which Dui should I settle first?

    The dui in Florida

    Ben’s Answer

    You should find a lawyer that knows how to try DUII cases. Your best option might be trying both cases because having a felony on your record or losing your license for life are very difficult settlments.

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  • DUI/Probation violation potential consequences....

    After 6 months of probation, after being convicted on 2 DUI's (two weeks apart!), the final urinalysis for evaluation services came up positive. Currently on a 3 year driving suspension, and one year probation after completing a mandatory drug/al...

    Ben’s Answer

    The outcome of probation violations vary depending on the probation officer's report, recommendation and the Judge. The Judge could potentially revoke your probation and make you serve the remaining jail sentence on each charge but that is unlikely. You should contact your attorney to learn more about the typical probation violation with that Judge. No one will be able to give you a specific answer on what the sentence will be because it is up to the Judge. I would bring a letter from your treatment provider showing your good attendance, clean UA's and positive attitude. I would also bring your AA slips showing you have been attending. The Judge will likely order more treatment since there was a positive UA.

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  • Is my implied consent form valid if the officer did not ask me to sign it?

    I failed a BAC test and the officer issued me a implied consent form stating that my license would be suspended for 90 days. He had marked both the "yes" and "no" box on the form that would indicate if I was eligable for a temporary 30 day licens...

    Ben’s Answer

    It's unlikely that your lack of signature will affect the outcome of the DMV because the requirement is that you receive notice of the suspension. You should still request a DMV hearing because you may have better issues to try and win your license back at the DMV hearing. If you don't request a hearing then you will lose your license for 90 days. If you have a hearing and lose, it will be the same 90 day license suspension. There are plenty of other reasons to have a hearing such as insurance savings, learning more about your case and locking the police officer down while under oath about about your case.

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