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Emily M. Oberdorfer
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Emily Oberdorfer’s Answers

245 total


  • Can a Gresham police office write me a ticket in Portland?

    i was cited for speeding on sandy in Portland and the officer that cited me badge said Gresham police on it.

    Emily’s Answer

    Unfortunately, he can. 810.410(2) grants officers the right to issue citations outside their jurisdiction. There are other ways to beat these though. Call a traffic attorney and tell them your story and take it from there.

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  • How should I fight Oregon ticket for violation 811.147- Fail to Maintain Safe Distance from Emergency Vehicle? Fined $260.

    I was driving the speed limit in the right lane and was pulled over about 1-2 mins after I passed a traffic stop on my right. 1st ever ticket. I didn't switch lanes because: 1. I was unaware of the law. I did know that you should pull into the...

    Emily’s Answer

    My first piece of advice is to stop posting about your case on the Internet. Everything you say can be used against you.

    Unfortunately, not knowing the law is not a defense. It is, however, a decent negotiating tool. I suggest hiring a traffic ticket attorney to help you negotiate for some kind of deal such as traffic school for a dismissal.

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  • Do I need an lawyer or public defender for speed racing violation? Our what are my options?

    I was driving behind a car going faster than other drivers, pulled behind him to go faster than other traffic. Go to merge left to make upcoming turn, it was then that I seen the lights of the police car. I immediately pulled to the shoulder and r...

    Emily’s Answer

    Speed racing is a serious violation but it's not a crime so you can't get a public defender. While it sounds like you have to actually be racing to be guilty that's not the case. I strongly suggest hiring a traffic ticket attorney to help you with this as the consequences can extend beyond just the dollar amount on the ticket.

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  • I received a speeding ticket in Vale, Or. Accused if driving 82 mph in a 55 mph zone. Can a lawyer help me ?

    I have one speeding conviction for driving 56 mph in a 45 mph zone 6 mos. ago. I live in Phoenix, Az. I need advise or representation with this traffic complaint. I need to respond to the Malheur Co Justice Court by 8-5-2015

    Emily’s Answer

    Try the Oregon State Bar attorney referral service: https://www.osbar.org/public/ris/

    Good luck!

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  • If a person got a DUI 1st offense and has to give a urine sample daily can she have pot in her system now that its legal

    DUI 1st offense they found pot in her system after they did her baseline so now instead of twice per month she has to daily until they say. but now its legal for 21 and over does it still apply

    Emily’s Answer

    I agree with my colleagues and write only to add that there are a few treatment providers in a couple of counties that will allow medical marijuana patients to continue to use their medicine.

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  • Is failure to sign lane change an arrest able offense in all states

    i understand it is legal to be detained for failure to signal in Texas. I am wondering about other states.

    Emily’s Answer

    A person may not be arrested for a violation in Oregon.

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  • Will my insurance rate go up due to a cell phone ticket?

    I received a cell phone ticket while driving, will this make my insurance go up?

    Emily’s Answer

    If your insurance finds out that you were convicted of a cell phone violation they will likely raise your rates. Just about every time we contact our insurance company they run your record, so I would avoid calling them if at all possible. Whenever you add a driver, drop someone, change vehicles, open a claim, or call them and tell them you were cited you drastically increase the likelihood of a rate increase.

    The best way to avoid the increase is to fight the ticket and win or get the cop /court to allow you do take a class for a dismissal. Good luck!

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  • IS IT LEGAL FOR COPS TO SEARCH OUT ONE PRIVATE SCHOOL TO USE AS A PHOTO RADAR TRAP WHEN ALL pUBLIC SCHOOLS ARE CLOSED FOR SUMMER

    I WAS DRIVING 31 MPH in a 35 MPH zone. A posted sign said " 20 MPH 7 AM TO 5PM SCHOOL DAYS. knowing that school was out for the summer, I obeyed the 35MPH sign. I didn't know there was a private thereputic counseling center near with a couple days...

    Emily’s Answer

    Enter a not guilty plea and try to get the officer to give you traffic school for a dismissal on the trial day. Most of the photo radar cops are pretty reasonable. If you can't get a deal you like you can roll the dice at trial those he your chances there are way better with an attorney. "I didn't know" isn't a strong defense as speeding is a strict liability offense, you don't have to know to be guilty. Good luck!

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  • Can charges of driving suspended failure to perform duties of driver be dismissed due to twice being ticketed wrong.

    Im revoked and my gf truck got wrecked. I was not on thr scene but a week later I get ticketed for dri ing wile suspended failure to perform duties and wreckless driving. My cell phone was in the truck and police answered it when my gf tried to ca...

    Emily’s Answer

    Don't answer the door unless you know the person on the other side. You don't have to talk to the police nor open the door when they knock. If they do end up serving you don't answer any questions and invoke your right to silence and an attorney. Then hire someone to help you fight it.

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  • What does it mean when the box "not of culpable mental state" mean on a traffic ticket?

    Failure to signal 100ft before turning.

    Emily’s Answer

    The violation doesn't require a mental state as defined by law such as reckless, careless, or intentional.

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