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Richard E Oberdorfer
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Richard Oberdorfer’s Answers

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  • I did not install an IID since I didn't apply for hardship permit.(not driving) 1 yr. Suspension ends 7/13/15.

    My one year DMV suspension ends 7/13/15. I didn't apply for a hardship permit, as I'm not driving. I was just reading the DMV requirements to reinstate my license in July, and I'm confused as to whether I was to install an IID in a car I'm not dri...

    Richard’s Answer

    There’s been some confusion here. 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 blog post.

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  • 7 years ago I was arrested for DUI and I didn't do diversion. I just got pulled over for speeding and arrested. What to expect?

    I received the DUI 7 years ago blowing a .19. I did all the judge ordered besides the diversion. The # they gave me to call for it never once got an answer or voicemail so I called the police station and they gave me a different # and that number ...

    Richard’s Answer

    First, FTA (Failure to Appear) as a crime requires that one KNOWINGLY fail to appear for a court date. If you didn't know, you're in fact innocent. One of your DUII Diversion requirements would have been to keep the court apprised of your mailing address -- but that would just lead to a revocation of Diversion, it would not supply notice or responsibility on you for criminal FTA. On the other hand, it means your Diversion was likely long-ago revoked, and you're waiting to be sentenced on your DUII conviction that was entered many years ago. You're looking at least at 48 hours jail or 80 hours community service, 1-year license suspension, $1000 fine, and alcohol evaluation and treatment. On the FTA, it sounds like you have a valid defense -- get a good lawyer to handle both matters for you, and good luck!

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  • I got a dui 7 years ago in califorina

    I had a misdemeanor dui when I was 20. My licence was suspended for a year. I paid all fines but did not enroll in the dui classes. About a year ago I went to talk to court because I had a warrant out for my arrest because the dui classes were cou...

    Richard’s Answer

    Mr. Kahn is right -- first, apply for an Oregon license. The application will ask if you've ever been suspended in any state, for how long, why, and where. If you're currently suspended in any state, you're unlikely to get a license here. Oregon's DMV help line is 503-299-9999. My blog post on the issue of Oregon DMV's treatment requirements is here: http://oberlaw.com/uncategorized/relicensing-and-proof-of-treatment/

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  • Will my DUI/DUII be revoked? What can I do to fight it?

    I was placed in the DUI/DUII diversion program in Clackamas county by circuit Judge Susie L Norby. Sometime ago, I finally got my license back, got my SR-22 filed, and an IID (SmartStart) breathalyzer installed in my vehicle. My first rep...

    Richard’s Answer

    Watch your mail carefully. "Show cause" notices are mailed to whatever address the court has for you. If the mail is returned, or if you fail to appear at the hearing, you can be convicted in absentia. You should check with the court and PADES to confirm they both have your correct address. Keeping the court apprised of your correct mailing address is one of your Diversion contract promises. Frankly, you should hire a good DUII specialist to handle your case for you (and check on the address issue). And you should hire that person immediately. Going to court without a lawyer is like handling radioactive material and hoping you don't get sick.

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  • My boyfriend had a CDL and got a DUII and we need to move

    We are planning on moving to Idaho and my boyfriend is suppose to be taking classes for his DUII. Do we have to stay in state until he finishes his classes or is there a way to do all of this in Idaho?

    Richard’s Answer

    He would have to completely start treatment anew, and would get no credit for treatment he's in now. He'd need to get permission from ADES to transfer to a new treatment provider and pay a re-referral fee. If in DUII Diversion, he'd need to alert ADES and the court (and, to be safe, the DA) to his new mailing address. Mr. Kahn answered how to proceed if on probation. And finally, I echo his admonition to telephone his attorney ASAP!

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  • Can I sue the police for refusing bathroom access?

    About a year ago, I was arrested for DUI. I was taken to the station and blew a 0.00 but had to wait at the station for another 3 hours before I was released. During this time, I told the officer that I had Type 1 Diabetes and that my blood sugar ...

    Richard’s Answer

    Yes, you can sue. Police cannot torture us, and denying an urgently phrased request to urinate is, in fact, a form of physical torture. The Tort Claim Notice Mr. Bodzin posted about is not required for constitutional claims, so you likely still have a 42 USC 1983 claim. You probably should post this question in the civil rights arena, since us DUII lawyers generally defend cases in criminal court, rather than sue cops and municipalities. Call a civil rights attorney now -- important deadlines may apply to your claims, and delay can hurt. Good luck, and I'm sorry this happened to you!

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  • I was arrested for felony DUI in July of 2013, I have since fully completed my diversion process. Can I purchase a firearm?

    Felony dui, gun ownership, first dui, oregon

    Richard’s Answer

    I think you might be confused. For a DUII to be a felony in Oregon, you must have at least 2 prior DUII convictions within the past 10 years. Your question indicates this was your first DUII. If your DUII was a misdemeanor and you're done with probation, you may be able to possess a firearm -- just give your old lawyer a call. On the other hand, if you are a felon of any stripe, you may not lawfully possess a firearm in this state. Some attorneys routinely handle petitions for restoration of gun rights. However, you asked this question on the DUII practice area, so it will just be luck if an attorney who specializes in that area sees your question.

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  • DUI conviction in Illinois over 10 years ago.

    How long can a DUI be held against me from another state? I have been denied getting my license back twice now from Illinois even after seeing evaluators and treatment specialists, and providing all documentation. The reasons it was denied seem to...

    Richard’s Answer

    You write that you've "been denied twice now from Illinois" on getting a license -- if you're residing in Oregon, you'll want to apply for a license with Oregon DMV. They'll ask about the nature of the prior suspension -- be honest. If that's your question: How do I get an Oregon license -- an Oregon attorney may be able to look at the "ludicrous" reasons for a suspension from a 10-year old DUII conviction. We could also work with your old Illinois attorney or associate with our own friends or colleagues in Illinois. Many of us are members of national associations of DUII attorneys, so we have plenty of folks to work with. DUII attorneys are often expert at translating what appears to be "ludicrous" reasons for denials to concrete plans of action for what to do next.

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  • I'm a Oregon division until end of year about Interlock device

    I received a 0.6 in Oregon in December of last year. I have a California license. I have completed my classes. All I have now is to pay court costs and cost of Interlock until end of year. But CA DMV is clear. No notice of arrest; diversion; ...

    Richard’s Answer

    Look: you made a written promise to the court that you would not drive any vehicle for one year without an Ignition Interlock Device (IID). That promise applies EVERYWHERE IN THE GALAXY. You might not get caught, but why risk it? Why risk a 1-year driver license suspension, jail, and a non-expungeable DUII conviction? Your DMV record should clearly say, to any cop who pulls you over: IID REQUIRED. The fact that one cop chose not to act on it doesn't mean you're in the clear. In short, you're asking if it's a good idea to lie to the court, to defraud the court: NO. Keep in mind you may also be setting yourself up for perjury, if (a) your lawyer/the court/the DA want an affidavit from you that you satisfied all the promises of Diversion or (b) if you had other charges that were dealt with as a "Reckless Set-Over Deal" or the like. Being dishonest to a court is just a very, very bad idea, in addition to being illegal. Please, just honor your DUII Diversion requirements so you can get that sweet dismissal at the end of the year!

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  • Is there any way to keep drivers license for work in OR after DUI?

    My fiance just got arrested for dui. He had a previous dui about 6 year's ago but went through diversion. Any chance he can keep his license to drive for work as that is what he does for a living. If they allow him to keep will his employer nee...

    Richard’s Answer

    I almost agreed completely with Ms. Mays' post, but then realized: your fiance will not need to tell his employer if he (1) hires an excellent DUII specialist (you have a good selection in the Portland area) and (2) the lawyer wins the DMV hearing on the proposed Implied Consent (IC) suspension. If your fiance loses, AND wants to get a Hardship Permit (there's a mandatory waiting period for IC suspensions), THEN he'll need an employer letter. On the implied question, "SHOULD he tell his employer," that's another issue. Some lawyers propose not telling employers; I tend to see better results when my clients tell their boss; but in any event, that question involves a sit-down with a real, live attorney -- not the internet.
    If your math is slightly off and your fiance is looking at an enhanced IC suspension -- because his Diversion was actually within the past 5 years -- then there's no hardship permit available at all. This means he really wants a good lawyer to fight at the DMV hearing for him. As Ms. Pellikaan points out, he only has 10 days to request a hearing from DMV. Many DUII lawyers make those requests for free as a courtesy to potential clients.
    Finally, your fiance simply needs to get in a lawyer's office. You say that driving is his very livelihood. That makes this case much more serious, and the stakes are high. Get him into a good DUII specialist's office now!

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