Richard E Oberdorfer’s Answers

Richard E Oberdorfer

Portland DUI / DWI Attorney.

Contributor Level 13
  1. How much should I expect to pay a lawyer for a duii in Clackamas county, Oregon?

    Answered over 1 year ago.

    1. Damien S Donnelly-Cole
    2. Richard E Oberdorfer
    3. Jeffrey S Siefman
    4. Jared Justice
    5. Samuel Cohen
    6. ···
    6 lawyer answers

    It depends on the lawyer's experience and the complexity of your case. You may have two separate fees -- one to fight at the DMV Hearing (10-day deadline to request a hearing -- see a lawyer now!!!) and one for your criminal case. Trial will be more expensive than a negotiated resolution (plea, or Diversion if you are eligible). You will pay more for an experienced DUII specialist than an inexperienced lawyer. The best way to find a lawyer is meet them face to face -- call a good DUII lawyer...

    16 lawyers agreed with this answer

  2. DUI Arrest but no court case & VISA stamping (Immigration)

    Answered over 1 year ago.

    1. Richard E Oberdorfer
    2. Daniel Patrick Hanlon
    3. Alexander M. Ivakhnenko
    4. Kyndra L. Mulder
    5. Andrew M Kohlmetz
    5 lawyer answers

    Do NOT call the court, do NOT call the DA's office. Get into a good DUII defense lawyer's office, NOW. I've had clients "revive" a lost case by contacting the goverernment. DUII, with a .12 breath test, is a serious deal.

    16 lawyers agreed with this answer

  3. Does failing a breathalyzer test in OR remove possibility of DUI charges being dismissed? Is it worth fighting the DUI charge?

    Answered over 1 year ago.

    1. Richard E Oberdorfer
    2. Jeffrey S Siefman
    3. Kathryn Mary Holton
    4. Andrew Stephen Roberts
    5. Jonah Morningstar
    6. ···
    6 lawyer answers

    No, a DUII case may still be dismissed if there is some obvious Constitutional problem with the officer's stop and arrest of you. With a good lawyer, even a not-so-obvious Constitutional infirmity can lead to dismissal. Hiring a good DUII trial lawyer signifies to the prosecutor that (a) you are not a fool and (b) you are taking this arrest seriously. You should, respectfully, get into a good DUII specialist's office to talk about your case, ASAP. And don't share any specific facts about your...

    15 lawyers agreed with this answer

  4. Can I operate a boat or jet ski without an Interlock Ignition Device installed while enrolled in Oregon DUII Diversion program?

    Answered almost 2 years ago.

    1. Richard E Oberdorfer
    2. Thomas Ifversen
    3. Adam Jay Jaffe
    4. Christopher Irvin Simser
    5. Sunil K Raju
    5 lawyer answers

    In short: no. Oregon’s DUII Diversion statute provides, as of January 1, 2012: “The court shall require as a condition of a driving while under the influence of intoxicants diversion agreement that an approved ignition interlock device be installed in any vehicle operated by the person during the period of the agreement when the person has driving privileges.” ORS 813.602(2). Notice that the word is "vehicle," not car. There is no exception in the Diversion statute or your written promise in...

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  5. How can I restore my revoked drivers license?

    Answered over 1 year ago.

    1. Richard E Oberdorfer
    2. Bruce Tarbox
    3. Derek Anthony Patrin
    3 lawyer answers

    First off, it's not a "10 year revocation." It's a LIFETIME revocation, with a chance to prove to the court after 10 years -- by "clear and convincing evidence," a high standard -- that you're no longer a threat. But Oregon's Lifetime Revocation statute requires that a COURT impose it. In other words, DMV lacks statutory power to after-the-fact administratively impose it. You can visit a full-service DMV to apply for a license. Or you can call DMV's help-line at (503) 299-9999 before you go to...

    13 lawyers agreed with this answer

  6. I received a DUII in Oregon (Washington County), but was NOT driving at the time. Can they cite DUII based on conversation?

    Answered over 1 year ago.

    1. Richard E Oberdorfer
    2. Clayton Tullos
    3. Karen J Mockrin
    4. Peter R Tovey
    4 lawyer answers

    It depends. "Driving" means to "move or propel" a vehicle, so you sitting parked -- even putting the key in to roll down the windows -- is not "driving" for purposes of Oregon's DUII law. The cases on that are Moe, Cruz, and Bilsborrow. On the other hand, if you answered the cop's questions about when you last drove / drank (NOTE: we do not have to answer cop questions. It's in the Constitution), you might have confessed your way into DUII. A related case is State v. Lacey. I wonder though if...

    13 lawyers agreed with this answer

  7. Is it malpractice to OK a patient's driving a car on 3 opiates & medical weed because of the length of time on the combination?

    Answered almost 2 years ago.

    1. Richard E Oberdorfer
    2. Jeremiah Vail Ross
    3. Josh P Tolin
    4. Stephen Andrew Hamer
    5. Christian K. Lassen II
    5 lawyer answers

    It sounds like that doctor should be the patient's expert witness in the DUII trial. Retain a DUII expert attorney now. Plenty of us are well-versed on defending prescription drug DUIIs. Many jurors have friends or family on painkillers, and many people are NOT impaired from use of their prescriptions. Who is the better judge: the medically trained doctor with a long-time professional relationship, or some cop who spent all of maybe 2 hours with the guy? It's a jury question. Again, get a good...

    13 lawyers agreed with this answer

  8. I was charged with a d.u.i. in Oregon. What's next?

    Answered about 2 years ago.

    1. Morgan Wren Long
    2. Emily M. Oberdorfer
    3. Richard E Oberdorfer
    4. Jared Justice
    5. Peter R Tovey
    6. ···
    8 lawyer answers

    Just one more note: you have 10 days from your arrest date to request a DMV Hearing to try to avoid the license suspension coming down the pike. You need a good lawyer for that hearing. Call one and set an office conference ASAP.

    13 lawyers agreed with this answer

  9. Shortest diversion program in or around Portland, OR?

    Answered over 1 year ago.

    1. Richard E Oberdorfer
    2. Jeffrey S Siefman
    3. Joshua Pond
    3 lawyer answers

    Acadia NW has an "Executive Track" program that costs something like $3,000 and includes essentially a promise that you'll be done with treatment in the minimum amount of time (90 days) and that you'll have an individual treatment provider who works with your schedule. Google them. I respectfully disagree with my colleague Mr. Siefman about telephoning ADES ahead of time. ADES may even (incorrectly) tell you that you cannot start treatment early. Of course, you can, and that's the legislative...

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  10. How do I deal with an old DUI?

    Answered 5 months ago.

    1. Richard E Oberdorfer
    2. Shashi S Jairam
    3. Jay Scott Finnecy
    3 lawyer answers

    On question #2: I don't think so, but possibly. The maximum probation term in Oregon for a misdemeanor DUII (the only kind there was in 2000, if I'm remembering right) is 5 years. That time can be "tolled" when you're on the lam. Since the time frame you're talking about is 4 years after conviction, and your case is from 2000, it's possible but unlikely there's still an active warrant in the system a decade later. You'll get an answer if you set an office conference (generally free) with a DUII...

    12 lawyers agreed with this answer

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