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Emily M. Oberdorfer
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Emily Oberdorfer’s Answers

238 total


  • 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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  • Can I contest a laser speeding ticket?

    I was coming over the bridge and the drive behind me was on my tail and so I needed to get over anyways I accelerated to 35 mph in a 25 mph zone and then immediately slowed down and the officer pulled me over.

    Emily’s Answer

    You can, and you should. Don't post any more details online, they can read these questions and use what you say against you. In some cases it's better to hire an attorney, most of us will be happy to talk to you for free over the phone.

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  • Am am 17 I been charged with alluding a officer driving with no license wreackles endangangerment no insurance wreackles drivin

    I'm 17 idk what will happen I want a idea what to do I'm trying to go into the military

    Emily’s Answer

    It sounds like you're being charged with some very serious crimes. You should contact an attorney as soon as possible. Don't post anything else about this anywhere, they really meant it when they said anything you say can be used against you.

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  • How to handle medical issues during traffic stop?

    I have an undiagnosed muscular issue that causes me to have trouble walking and balancing. I work at night and often get pulled over for silly reasons. They just want to see what I'm up to that late. I have been asked before to do a field sobriety...

    Emily’s Answer

    I suggest you call an attorney and discuss your issue with attorney client confidentiality. Don't post any more details online.

    The short answer is to decline their standard tests and let them know about your medical issue. They have alternative options. Whether to blow or give urine is a more complicated and personalized question.

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  • Do policeman have the right to my health records without a warrant?

    After wrecking my motorcycle on a back road (no one else involved) and causing no property damage whatsoever I was taken to the hospital where the county sheriff responded immediately after the accident. I was told my doctor told the sheriff about...

    Emily’s Answer

    There is an exception to HIPPA that allows medical personnel to alert police of their hospital blood draw shows a BAC over the legal limit. As for the rest of it, contact a DUII specialist as soon as you can. There are a lot of issues you raise that may require investigation but you shouldn't discuss them on the Internet as anything you say may be used against you, and DUII isa serious crime. Talk to a lawyer with confidentiality on your side.

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