Richard E Oberdorfer’s Answers

Richard E Oberdorfer

Portland DUI / DWI Attorney.

Contributor Level 12
  1. Why did they drop my charges?

    Answered about 1 year ago.

    1. Richard E Oberdorfer
    2. Clayton Tullos
    3. Thomas Ifversen
    4. Christopher Irvin Simser
    5. Alexander M. Ivakhnenko
    6. ···
    6 lawyer answers

    I'd put money on #5 from Mr. Tullos, the DA is awaiting a lab result. But you should really go to a good DUII attorney's office for a conference. Most of us are suckers and don't charge for the initial consult. The lawyer can review your paperwork, his knowledge of the cop(s) involved, and share with you the most likely scenario of what's going on, and how you can prepare/defend/avoid it. You'll stress will decrease, a lot. Call a good DUII lawyer and set a conference now. The Internet (and you...

    10 lawyers agreed with this answer

  2. Do I need to get a lawyer?

    Answered about 2 years ago.

    1. Bartley E Herron
    2. Richard E Oberdorfer
    3. Linda Medeiros Callahan
    4. Lawrence A. Newman
    4 lawyer answers

    Just thought I should add -- if you're Diversion-eligible, some prosecutors charge you and hope you'll plead guilty/no contest and enter DUII Diversion. As Bart mentions, there are many reasons to fight this case. "DUII" in Oregon means .08% BAC at the time of driving or ADVERSELY affected by alcohol at the time of driving. We're all "affected" by alcohol after the first sip -- we feel more relaxed, comfortable, social (there's a reason why every Bar and Bench and law school event has booze)....

    10 lawyers agreed with this answer

  3. What should I expect to happen after getting a violation lockout on my smart start device?

    Answered 11 months ago.

    1. Richard E Oberdorfer
    2. Jeffrey S Siefman
    3. Derek Anthony Patrin
    3 lawyer answers

    Oregon's DUII Diversion contract includes a promise to not drink alcohol at all during the entire year of the contract -- save religious observances, so it is possible to blow some amount into an IID and not necessarily be in violation of your Diversion Contract. I don't think the violations are reported to DMV, but they are reported to Evaluation Services (a court adjunct) for the county where your DUII originated. They can report each violation to the court and schedule you for a "show cause"...

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  4. What attorney do I need for helping me to hold DMV accountable for violating my rights to liberty, and freedom of movement?

    Answered over 1 year ago.

    1. Richard E Oberdorfer
    2. Jay Bodzin
    3. Jasen Bodie Nielsen
    3 lawyer answers

    It sounds like you need a Civil Rights attorney -- visit the Oregon State Bar's website, or give the Bar a call. It may help if you describe the facts of what happened when you talk to an attorney, rather than your legal conclusions -- otherwise, it's as if you visit a doctor and tell him your own diagnosis before the doctor has even heard your symptoms. Of course though, you should do that in the privacy and confidentiality of the professional's office -- not on the internet. Good luck!

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  5. Can I sue for an illegal blood draw used to convict me of a DUI 7 years ago?

    Answered about 1 year ago.

    1. Richard E Oberdorfer
    2. Jay Bodzin
    3. John M. Kaman
    3 lawyer answers

    I'm not sure it was illegal back then! See Schmerber v. California, 384 US 757 (1966) (warrantless blood-draw permitted in DUII cases based on destruction of evidence theory); State v. Machuca, 347 Or 644, 657 (2010) (“for purposes of the Oregon Constitution, the evanescent nature of a suspect’s blood alcohol content is an exigent circumstance that will ordinarily permit a warrantless blood draw of the kind taken here.”). On April 17, 2013, the United States Supreme Court issued Missouri v....

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  6. DUI in Colorado. Moved to Oregon

    Answered 11 months ago.

    1. Richard E Oberdorfer
    2. Bruce Tarbox
    3. Nicholas A Heydenrych
    4. Henry David LeSueur
    4 lawyer answers

    You really need a Colorado lawyer's advice here -- can you contact your Colorado lawyer? If not, post this question in a section for members of the Colorado Bar. Since I'm a member of the Oregon Bar, all I can tell you is: I hear a similar complaint often. Oregon's DUII rules require 90-days of demonstrated alcohol abstinence, minimum. However, some people hear "90 days" and assume that's exactly how long treatment will take -- when in reality, a full course of treatment generally takes 3-5...

    9 lawyers agreed with this answer

  7. I got 3 dui in Oregon all misdemeanors, my drivers license was revoked for life, can i ever get my license back?

    Answered about 1 year ago.

    1. Jeffrey S Siefman
    2. Richard E Oberdorfer
    3. Derek Anthony Patrin
    3 lawyer answers

    Mr. Siefman is right. I'd add that you have the burden at your petition hearing to prove -- by clear and convincing evidence -- that you're no longer a threat. Best shot at that would be to have your AA sponsor with you and be able to testify to 10 years of continuous and stable sobriety. The actual statutory language from ORS 809.235 is here: (2)(a) A person whose driving privileges are revoked as described in subsection (1) of this section may file a petition in the circuit court of the...

    9 lawyers agreed with this answer

  8. What do i do

    Answered about 1 year ago.

    1. Ian Jeffrey Slavin
    2. Richard E Oberdorfer
    3. Derek Anthony Patrin
    4. Ethan Patrick Meaney
    5. Troy Austin Pickard
    5 lawyer answers

    Your own lawyer will be better able to allay your anxiety better than us -- if you don't have one, hire a DUII specialist now. Also, you may want to avoid additional contact or at least conversation about this case with witnesses to avoid later prosecutorial accusations (witness tampering, suborning perjury) -- again, your lawyer can help organize witnesses and walk this tightrope.

    9 lawyers agreed with this answer

  9. Does a DUII Diversion still affect your insurance?

    Answered over 1 year ago.

    1. Richard E Oberdorfer
    2. Thomas Ifversen
    3. Ethan Patrick Meaney
    3 lawyer answers

    Insurance companies make a rate determination in part by pulling your DMV record for the last 3 years. Odds are the DUII arrest / adjudication will show up there (prefaced with a date and then, "DUII-DIVR") and your insurance rates will be set pretty high. Why not get a quote or 3 before investing in a log truck? First call a few insurance companies and get quotes and see if your new career is feasible. You can also order your DMV driving record at any full service DMV for $3. Good luck!

    9 lawyers agreed with this answer

  10. DUII test results variation

    Answered over 2 years ago.

    1. Richard E Oberdorfer
    2. Nicholas A Heydenrych
    3. Mitchell Scott Sexner
    4. Wayne E. Brucar
    4 lawyer answers

    It's not unusual for two samples -- that's the norm here in Oregon with the Intoxilyzer 8000. Bottom line is: any good DUII lawyer will now how to defend this case with those blows, and you need one -- NOW. Set up an office conference with any good local DUII lawyer who knows the courts, the cops, and the law.

    9 lawyers agreed with this answer

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