Ben Eder’s Answers

Ben Eder

Portland DUI / DWI Attorney.

Contributor Level 7
  1. I have 2 pending dui charges from 2 different states. I also have a prior DUI. Which Dui should I settle first?

    Answered almost 5 years ago.

    1. Ben Eder
    2. Karyn T. Missimer
    3. Edward Jerome Blum
    4. Jeffrey B Goldman
    5. Denis Hurley White Jr
    5 lawyer answers

    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.

    1 lawyer agreed with this answer

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

    Answered almost 5 years ago.

    1. Ben Eder
    1 lawyer 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...

    1 person marked this answer as helpful

  3. If i got a DUI in oregon and blew a .14. I was told if i plead no contest and take diversion i will get my license back. true?

    Answered almost 5 years ago.

    1. Ben Eder
    2. Bryan W Dawson
    3. Robert J Harris
    4. Carlos Gonzalez
    4 lawyer answers

    The 90 day license suspension is completely independent from the criminal case (diversion). If you were suspended by DMV, then the diversion will not give you your license back before your DMV suspension ends. If you enter diversion and complete the diversion successfully, there will not an addittional license suspension of one year (mandatory 1st time conviction in OR).

    1 person marked this answer as helpful

  4. Completing Oregon DUI Diversion

    Answered almost 5 years ago.

    1. Peter J Carini
    2. Ben Eder
    2 lawyer answers

    It looks like you have completed all of the requirements but need the year to pass. Make sure you tell the court if you change your address so they can contact you if they are missing documentation. Also, depending on the county, you may have to file a motion to dismiss at the end of the diversion period. Multnomah County requires a motion to be filed.

    1 person marked this answer as helpful

  5. Is there a statute of limitations for a DUI warrant in Oregon. Does the warrant ever go away if there is a statute?

    Answered almost 5 years ago.

    1. Ben Eder
    2. Karyn T. Missimer
    2 lawyer answers

    There is no statute of limitations for the arrest warrant in Oregon. You may have a dismissal claim for a lack of speedy trial depending on how long ago the arrest happened. It will also depend on why the arrest warrant was issued. Did you fail to appear in court? Did the state issue the warrant after dismissing the case but chose to re-file rather than serve the warrant? If the state did not serve the warrant, you may have a statute of limitations claim.

    1 person marked this answer as helpful

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

    Answered over 2 years ago.

    1. Richard E Oberdorfer
    2. Ben Eder
    3. Ted Harvatin
    3 lawyer answers

    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...

  7. On Dui felony probation 2nd violation for drinking

    Answered almost 3 years ago.

    1. Ben Eder
    2. William Anthony Vitz
    2 lawyer answers

    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...

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

    Answered over 4 years ago.

    1. Ben Eder
    2. John Lawrence Buckley
    2 lawyer answers

    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...

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

    Answered over 4 years ago.

    1. Ben Eder
    2. Peter J Carini
    3. Karyn T. Missimer
    3 lawyer answers

    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.

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

    Answered over 4 years ago.

    1. Ben Eder
    2. Edward T LeClaire
    3. Edward Jerome Blum
    4. John Lawrence Buckley
    4 lawyer answers

    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...