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Richard E Oberdorfer
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Richard Oberdorfer’s Answers

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  • Underage DUI in Oregon... Help me...

    Just last thursday I was convicted of DUI, reckless driving, reckless endangerment, and hit and run. I am 17 years old and the other individual in the car is 18. We hit a telephone pole, and I ended up running. (I still do not remember getting in ...

    Richard’s Answer

    The number 1 thing you need to do is get into a good DUII lawyer's office. Most of us offer free 1-hour consultations, and you'll walk out knowing much more about the law and your case. There's a 10-day deadline to contest the DMV license suspension -- have a good lawyer help you with that. We can make sure the right language is in a DMV Hearing request to preserve your rights and get discovery (information DMV possesses about this case). You also may need to immediately visit a hospital to get a blood test for drugs -- the blackout makes it sound as if you might have been dosed. In a confidential setting (NOT the internet), a lawyer can review the circumstances around this wreck to figure out what really happened. We have investigators and know-how, and can fight for you. Without a good lawyer on your side, no one is looking out for you. Call a lawyer who specializes in DUII, get into their office, and figure out your next step!

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  • I was charged but not arrested for duii and reckless driving in oregon. What should I do next?

    I consented to a breathalyzer and a urine test then was taken to the precinct took the tests and was released. There were no passengers in the vehicles I struck and I blew a 0.04.

    Richard’s Answer

    I agree with Mr. Hopkins that your record will reflect arrests for DUII and Reckless Driving. For insurance, you have a duty of honest cooperation that corresponds to your insurer's duty to indemnify ("pay"). They're going to get the police report, so they'll see whatever is in there. For your pending criminal charges, you should hire a well-respected DUII trial lawyer to write a letter of representation to the prosecutor's office. It demonstrates that you're taking the charge seriously, and lessens the likelihood of criminal charges going forward. A DUII specialist will also ask you about whether a Drug Recognition Evaluator (DRE) was brought in after the .04, and whether you consented to a urine test. There're a lot of ins, lot of outs, to your situation, you want a good DUII lawyer helping you, now. Delay can hurt your case.

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  • If my conviction says my license is suspended 3 years, how can the DMV now say it is a 5 year?

    In 2010 I was convicted of DUI, Assault 3, and Failure to perform duties as a driver. I did time and received a 3 year DMV suspension. I got out Aug 19, 2012. I waited one full year and I applied for a hardship license. I followed all the steps an...

    Richard’s Answer

    Like Mr. Siefman, I thought this might be a Habitual Offender revocation too -- but on reflection I don't think so, I think it's the Assault III that's the problem. Subsection (10)(c) of the statute you cite provides: "A person who is convicted of assault in the third degree and whose driving privileges are suspended under this subsection may apply for reinstatement of driving privileges five years from the date the person is released from incarceration for the conviction, if the sentence includes incarceration. If the sentence for the conviction does not include incarceration, the person may apply for reinstatement of driving privileges five years from the date the department suspended the privileges under this subsection."
    Further, for any DUII conviction, to get your license fully reinstated, you must first wait out the suspension period, and then:
    (a) file a SR-22 insurance certificate with DMV for 3 years, ORS 806.075; and
    (b) install an Ignition Interlock Device (IID) for 1 year for a first conviction; and 2 years for second, ORS 813.602(1).
    In short, Assault is different. This is why DUII lawyers fight to avoid Assault convictions for our clients like The Plague -- they are draconian and difficult.

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  • Can someone recommend an attorney?

    Can someone recommend a lawyer specifically for DUI?There are no Avvo layers in my area. Salem Or. Can anyone recommend someone good?

    Richard’s Answer

    Set up an office conference with a Portland DUI specialist. If we know a great DUII lawyer in your area (I know at least two in your town), we'll tell you about them.

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  • How do I postpone arraignment for dui and possession of control substance. Can insurance get my car?

    I was pulled over in Sutherlin or and charged with a dui after needles with drug residue were found in a search of my car . I have a arraignment on the 10th coming up which I am not at all ready for. I still need to get my car from impound . How c...

    Richard’s Answer

    For arraignments on misdemeanors, Oregon law provides, “When the accusatory instrument charges a crime punishable as a misdemeanor, the defendant may appear * * * by counsel.” ORS 135.030(2). In other words, you need to hire an attorney, ASAP. The attorney will likely be able to handle a misdemeanor arraignment without your appearance. The lawyer will also give you advice about your exposure, the process, and what you're looking at. You'll probably feel less stressed out and worried after talking with a good lawyer, especially a DUII specialist. Many DUII lawyers meet with people for free and can answer your questions about the case. Finally, if you cannot hire an attorney some court clerks have the power to move an arraignment, but that's not common, and you really should have an attorney helping you with this very serious charge. Be aware that you may be looking at felony charges if you have prior DUIIs, or if the police charged you with drug delivery or possession. What you share online is not private, so get off the computer and into a lawyer's office as soon as possible! Good luck to you! p.s. your girlfriend should have her own, different lawyer. Since you both probably weren't driving, I'm guessing she received drug charges? In any event, hash this out in a lawyer's office rather than online.

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  • I'm traveling to Germany from the US and want to know if I can legally drive there?

    I currently have an interlock device on my car for the next 2 years because of two DUIs I had. I'm traveling to Germany and want to know if it will be legal for me to drive there with no interlock device? I'm going to rent a car with my wife and w...

    Richard’s Answer

    ORS 813.602(1) says only she can drive, as follows: "when a person is convicted of [DUII], the Department of Transportation, in addition to any other requirement, shall require that the person install and use an approved ignition interlock device in any vehicle operated by the person: * * * (c) For a second or subsequent conviction, for two years after the ending date of the suspension * * * caused by the conviction." It's the "in any vehicle operated by the person" language that means your wife must do all the driving. Enjoy the scenery, and make it up to her in other ways!

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  • I live in Oregon and i had a duii felony in 2013 when will i be able to get my license back?

    Duii felony in 2013

    Richard’s Answer

    You likely have a “lifetime license revocation” for your felony DUII conviction. Some people are mistakenly told that it’s a “10-year suspension.” It’s not, it’s a lifetime revocation — with a possibility of petitioning for your license back after 10 years.

    It’s no easy row to hoe. In short, you must prove by clear and convincing evidence that you’re no longer a threat. Technically, that you are “rehabilitated,” completed treatment, anddo “not pose a threat to the safety of the public.” ORS 809.235(4). It’s pretty tough to prove a negative. I think the best shot would be — with a good lawyer — showing that you’ve got 10 years of stable sobriety, an AA sponsor, and community and family connections who need you to drive. That’s an ideal candidate — but anyone with 10 years of fairly blameless history may have a shot. It’s also quite likely required (and a great selling point to the judge) to promise to install an Ignition Interlock Device (IID), see ORS 813.602(1)(c) (requiring IID “For a second or subsequent conviction, for two years after the ending date of the suspension or revocation caused by the conviction.”) (thanks to excellent DUII lawyer Bruce Tarbox for this tip). As lawyers we should be prepared to start marshaling evidence for these petitions now, and for contact from folks who have served ten years of a license revocation.

    ORS 809.235(2) provides some of the nuts and bolts:

    “(c) The district attorney of the county in which the person’s driving privileges were revoked shall be named and served as the respondent in the petition.
    (3) The court shall hold a hearing on a petition filed in accordance with subsection (2) of this section. In determining whether to grant the petition, the court shall consider:
    (a) The nature of the offense for which driving privileges were revoked.
    (b) The degree of violence involved in the offense.
    (c) Other criminal and relevant noncriminal behavior of the petitioner both before and after the conviction that resulted in the revocation.
    (d) The recommendation of the person’s parole officer, which shall be based in part on a psychological evaluation ordered by the court to determine whether the person is presently a threat to the safety of the public.
    (e) Any other relevant factors.
    (4) The court shall order a petitioner’s driving privileges restored if, after a hearing described in subsection (3) of this section, the court finds by clear and convincing evidence that the petitioner:
    (a) Is rehabilitated;
    (b) Does not pose a threat to the safety of the public; and
    (c) If the sentence for the crime for which the petitioner’s driving privileges were revoked required the petitioner to complete an alcohol or drug treatment program, has completed an alcohol or drug treatment program in a facility approved by the Director of the Oregon Health Authority or a similar program in another jurisdiction.
    (5) Upon receiving a court order to restore a person’s driving privileges, the department may reinstate driving privileges in accordance with ORS 809.390, except that the department may not reinstate driving privileges of any person whose privileges are revoked under this section until the person complies with future responsibility filings.”

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  • I was eligible for license July 2012, after 5 yr revocation for habitual offender in oregon.....

    7/2007 revoked 5 yrs under offense # 809.640 habitual offender law, DWI and 2,dws in 5 yrs.... Eligible for new license in 7/2012... 2/2015 pulled over after drinvin to pick up stranded daughter and they say I was still under the dws/r m law......

    Richard’s Answer

    You shouldn't be walking into any courtroom without a lawyer -- if you don't have one yet, apologize and ask to go hire one! Most of us who handle DUIIs also handle DWS/R. In any event, your driving record and status shouldn't be a mystery -- for $3 any full service DMV will provide your 10-year "court print." DUII lawyers are adept at reviewing those records and explaining the basis for any suspension or revocation status. And, of course, sometimes DMV makes a mistake and lists someone as revoked when they are not. In your situation, you were expected to visit a full service DMV and apply for a license at the end of your revocation period -- your license doesn't automatically appear after revocation. However, your violation in that case would be called "No Ops," not DWS/R. Get a good lawyer on your side, now! Trying to handle a case like this without a lawyer is like handling radioactive material and hoping you won't get sick.

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  • If a car is towed from dui traffic stop and is sold at auction what happens to the loan on the car?

    My wife has helped an ex get a car loan she is primary. He was arrested for dui and pcs meth and few other charges. Car was towed from scene. We are unable to afford to get car out of impound. Tow yard has informed us they will auction the car nex...

    Richard’s Answer

    On your question about requesting a police search -- don't worry about that, it's already been done. First, the police likely searched the car "incident to arrest," meaning they looked for evidence of the crimes of arrest plus weapons. Cars are also routinely "inventoried" by police as an administrative matter to catalog valuables. Therefore, it's extremely unlikely there is contraband in the vehicle after an arrest an tow.

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  • I blew a 0.07 on a breathalyzer. Do you suggest a lawyer for the hearing? What are my chances of dismissal if I don't get one?

    Legal breathalyzer limit is 0.08 in OR. I just got off a 16-hour shift and had 2 beers. I was dog-tired, not intoxicated, when I was given the sobriety tests. I have astigmatism so my eyes will jerk with a light directed at them. I also have ADHD ...

    Richard’s Answer

    How many DUII cases have you litigated in that court in the past month? A good lawyer will have a track record with the judge and prosecutor that conveys their willingness -- and ability -- to fight. The odds that you will say or do the wrong thing are 100%. Get a good DUII lawyer, now. Your letter / statements to the DA or court WILL BE RECORDED AND TWISTED AGAINST YOU. Don't write / say them. "Anything you say can AND WILL be used against you." You are charged with a serious crime, and cannot afford to NOT have a lawyer. Most DA's offices charge DUII at .05 and above.

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