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Richard E Oberdorfer

Richard Oberdorfer’s Answers

264 total

  • 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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  • If I got arrested for duii when I was taking medications that were just given to me, am I liable?

    I went to the dr to undergo a procedure. Things did not go according to plan. Instead of keeping me there, at the office for observation, the dr gave me four new medications, which I had never taken. I went home, took the medications, & woke up in...

    Richard’s Answer

    It sounds like you may have a defense based on "Voluntary Act,," per State v. Newman. 353 Or 632 (2013). Contact a DUII attorney with some history defending Newman-type medication DUII cases.

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  • What is the penalty for driving in Oregon with suspended driving privileges and no iid while on diversion?

    I received a 90 day suspension for a duii in Oregon but have a CA license. I was ordered to use an iid by the court. If I get caught driving during my suspension will my diversion be terminated? Also, what happens if I get pulled over in CA? ...

    Richard’s Answer

    • Selected as best answer

    No, you are not subject to DUII Diversion revocation for driving while suspended without an IID, because the Diversion statute only requires an IID during the time you have driving privileges. You committed a new crime, DWS, but you cannot lawfully be revoked from Diversion on that ground. You will DEFINITELY need a lawyer to explain that nuance to the court if a Diversion revocation is scheduled. Watch your mail carefully -- if you fail to appear at the show cause hearing, you get convicted in absentia -- even if you had a valid defense.

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  • Can I get a Failure to perform duties as a Driver expunged or reduced to a misdemeanor?

    In 2005, i got a DUI, Assault 3, and a failure to perform duties as a driver (felony). It has been about 10 years since the conviction. I have finished all state programs, paid all fines and restitution, no probation, violations, no police contac...

    Richard’s Answer

    The operative statute in Oregon is at ORS 161.705: "Reduction of certain felonies to misdemeanors. Notwithstanding ORS 161.525, the court may enter judgment of conviction for a Class A misdemeanor and make disposition accordingly when:
    (1)(a) A person is convicted of any Class C felony;
    (b) A person is convicted of a Class B felony pursuant to ORS 475.860 (2)(a); or
    (c) A person convicted of a felony described in paragraph (a) or (b) of this subsection, or of a Class A felony pursuant to ORS 166.720, has successfully completed a sentence of probation; and
    (2) The court, considering the nature and circumstances of the crime and the history and character of the defendant, believes that it would be unduly harsh to sentence the defendant for a felony."

    Your convictions are DUI (generally a misdemeanor, and non-expungeable / non-reduce-able); Assault III (a class C felony); and Felony hit-and-run (also a class C felony). So it looks like there's nothing stopping you from petitioning your convicting judge to reduce your felonies to misdemeanors, if there's something exemplary to say about how you've spent the past decade. To make a good presentation, and have a better chance at prevailing, you should hire a local attorney who knows the court and what your judge will be interested in hearing.

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  • DUII Mexican Entry Question

    I had a DUII Misdemeanor in June 2014, which I completed my diversion program which will display the conviction later this month (ie. as soon as the paperwork has been processed). I will be going to Puerto Vallarta in August for vacation. I have ...

    Richard’s Answer

    Other than contacting the consulate (good job!) you should be sure to carry written proof that you're DUII Diversion is completed -- I would carry my proof of completion from alcohol treatment, and, most importantly, THE JUDGMENT ACTUALLY DISMISSING YOUR DUII CHARGE. Be aware that some countries (I'm looking at you, Canada) treat a DUII Diversion as a conviction, even if it had been dismissed in Diversion. Review your DUII Diversion paperwork to see the date you entered DUII Diversion -- if June 2014 was your arrest date, that's likely not the month / date you entered Diversion. Contact your lawyer, because DUIIs in Diversion in Oregon are not dismissed automatically and immediately at the end of the one-year contract -- rather, the contract says YOU must file a motion seeking dismissal. Even in counties where the contract says Evaluation Services will submit such a request, we find they take about 6 months to do so. For that reason, we always file a motion to dismiss, ideally the day after the Diversion contract expires. And that day is also a great day to get the IID un-installed from your car! Call your lawyer, they'll need to file paperwork with the court to get the DUII dismissed in a timely fashion.

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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...

    Richard’s Answer

    When you make a timely hearing request (do it! Ideally with a good attorney! If your license is truly your "life," then you better get serious and get a good lawyer!) DMV will send you an explanation of the "good faith" defense, which can provide a release valve from these sorts of suspensions. As Ms. Oberdorfer points out, winning at the hearing will likely require (a) your testimony and (b) documentary proof. Among that documentary proof, you'll need proof that you are now currently insured! Driving without insurance drives up everyone else's rates when there's an accident, which is why DMV's rules are so draconian on this issue. Really, DMV trusts that all of us follow the law and have insurance. When it discovers we don't (through a minor fender bender, a speeding pull-over, etc.) we not only risk a 1-year license suspension, but also 3-years of enhanced SR-22 filings. SR-22 is a certificate your insurance company files with DMV proving that you have insurance. In other words, you go from "the honor system" to "prove that you have insurance for 3-years." That. Is. Expensive. Get a good lawyer now! You have a fair amount of exposure here!

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  • Is there a statute of limitations to being required to have a breathalyzer in your vehicle after a duii oregon. 2010 - 2015

    I've waited five years hoping to avoid renting a breathalyzer device.

    Richard’s Answer

    To get your Oregon license fully reinstated after a DUII conviction, 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).

    Some folks were confused by 2011′s House Bill 3075, which added an IID requirement for DUII Diversion as of January 1, 2012. However, the Bill did not change the already existing IID requirement for people convicted of DUII, as opposed to those entering Diversion (I think the confusion stems from the fact that newspaper coverage at the time covered the Bill as introduced, which did extend the time for IIDs for DUII convictees to be 2 years, across the board. The Bill was not passed in that form.).

    Even if the law had changed for the worse between, say, the time of conviction and the time a person was ready for reinstatement, Mannelin v. DMV, 176 Or App 9 (2001), says that the more onerous current statute would apply. Mannelin rejected expertly-argued ex post facto, double jeopardy, and bill of attainder arguments. In Oregon, the law at the time of reinstatement is what applies.

    Finally, I should add that this post doesn’t address third Oregon DUII convictions — because those come with a Lifetime License Revocation. There is only one, very limited, escape valve from that lifetime sentence, and it deserves it’s own separate answer, if necessary.

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  • My ten years from sentencing for my third DUI in Portland Oregon is up in 9/2015. How much to petition the courts for license?

    I haven't had any driving offenses since. I have a job. I transfer schools in the fall and need to be able to get their. Has anyone been through this yet? I have been told this is a fairly new process. Thank you for your time.

    Richard’s Answer

    A few Oregon DUII lawyers have filed these petitions, with a fair amount of success -- depending on how your life has gone in the past decade. January 1, 2004, marked the beginning of Oregon’s experiment with “lifetime license revocation” for a third 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. January 1, 2014, was the first time we started seeing lawyers petitioning to get people their driving privileges back.

    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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