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Emily M. Oberdorfer
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Emily Oberdorfer’s Answers

242 total


  • 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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  • What are my chances of winning or getting less time of my driving license being suspended with the dmv.

    I got into a fender bender and i did not have insurance at the time. Now im loosing my license for a year. The dmv report should have never been filed because no cars were towed, damage was less then 1,500, and no one was injured and at the time...

    Emily’s Answer

    You should hire an attorney to fight the suspension. There are time limitations in place so make sure you or your lawyer request the hearing as soon as possible. You will likely need to testify so make sure you get someone in your corner who is familiar with these types of suspensions and how to beat them.

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  • I am looking to get my license back in Michigan after losing it to a DUI 7 1/2 years ago when I was 21.

    I finished all my requirements for my 2 year probation including all payments during that time. I don't drink and I don't do drugs but I also don't attend AA. Being a student in debt, and a mother to one I can't afford a lawyer to represent me. I ...

    Emily’s Answer

    It sounds like Michigan has different requirements than Oregon so I'd check with a Michigan attorney. Perhaps the attorney who helped you when you were 21?

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  • Speeding ticket with court date on a holiday (they will be closed). They want to reissue me a ticket. Is it still valid?

    Speeding in a school zone in Toledo, OR. Court date on the back of the ticket was put on Memorial day. Officer called me to tell me she had put on a invalid date and wants me to come to the police department so she can reissue me a ticket. I h...

    Emily’s Answer

    I absolutely agree with Mr. Reynolds and write only to add that an officer has to personally serve the new citation, mailing it will not do.

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