Richard E Oberdorfer’s Answers

Great answers from smart lawyers here. I just want to add -- a DUII lawyer will want to sit down with you and hear EVERYTHING about your case, where you were beforehand, what you had to drink, and what your eventual breath test showed. As Mr. Cogan notes, that is all information that should be discussed in the confines of a lawyer's office. Call a good one and set an office conference now.

Yes, you can get a DUII with any "vehicle" in Oregon on public premises. So, if you've had to much to drink, WALK. If it's close enough to skate, it's close enough to walk. Plus, a buzzed walk goes by very quickly, and it's one of the joys of life. Drunk skateboarding = injuries and hassles, not a joy of life.

I just want to highlight Mr. Rosa's last sentence -- it would be safer and better if YOU weren't the one contacting the court, but rather a lawyer. Most DUII lawyers are quite adept at tracking down prior DUII prosecutions and figuring out what happened -- and knowing whether what happened can be fought or expunged -- because of the recidivist nature of our current DUII laws. Also, most of us would do something like this pretty cheap, because its just not all that difficult for us. Hire a good...

All Oregon PCS (Possession Controlled Substance) convictions come with a default Oregon Driver License suspension. Mr. Herron is right that a good lawyer can do a world of good -- including fighting to avoid a conviction in the first place. The facts you describe do not necessarily imply guilt -- it depends what the officer says you said about the substance, and whether you even knew about. "Possession" must be knowing.

Evaluation Services in at least one county reports that they receive info on every fail or above .00% BAC blow. The preset, as you may know, is .025% BAC. Like most things in life, you should not assume anything is secret. Like anything else in Diversion, you should not expect the benefit of the doubt. So follow Mr. Pickard's advice and switch to a non-alcohol mouthwash. Your treatment provider should already have told you to do so to avoid environmental exposure to alcohol to avoid a failed...

I agree with Mr. Justice -- what do you have to lose by going to trial? Not many judges would impose jail on someone who is in DUII Diversion and doing well -- unless the facts of your driving or other circumstances are quite bad. As a practical matter, these parallel Reckless Driving prosecutions are a ridiculous waste of taxpayer money. And don't post any facts of your case on the Internet.

Probably number 2, because what you describe for your California case sounds inaccurate. DUIIs are generally not "dismissed" after one is jailed on a probation revocation. But a good DUII lawyer would likely order your California records to make sure. Call a good lawyer and make an office conference, now.

It sounds like your friend is dealing with a lifetime license revocation for a third DUII conviction. Part of that lifetime revocation statute says that your friend can apply to get his license back from his convicting judge after ten years of serving the revocation (that is, 10 years from the time of sentencing, so 2017) if your friend proves by clear and convincing evidence (a high standard) that (a) he's rehabilitated and (b) he "Does not pose a threat to the safety of the public." In other...

It seems like there are 3 questions recently posted by you, and I gave a long answer to the first question that should cover this. It sounds now though like you have two independent bases for a PV -- one is failure to complete treatment (or "non-compliance," which can signal dirty UAs or simple failure to show-up) and two is failure to pay fees and fines. They are independent, and there are defenses to each that a good lawyer can help you with. Hire a lawyer now.

Just wanted to add: alcohol's absorption and dissipation rates are frequently testified to in Oregon courts by forensic experts. If the science supports your friend's innocence, a good lawyer will help arrange the expert (sometimes we end up just using the government's expert, depending on a number of factors). Also, most decent cops would have interrogated your friend about whether and how much he drank after the wreck. He needs a good DUII lawyer.