I finished all my requirements for my 2 year probation including all payments during that time. I don't drink and I don't do drugs but I also don't attend AA. Being a student in debt, and a mother to one I can't afford a lawyer to represent me. I ...
If you're an Oregon resident, visit any full-service Oregon DMV and apply to get a license.See question
SHORT ANSWER: It would be just like Diversion, but worse.
LONG ANSWER: In addition to the conditions of DUII Diversion (alcohol and drug evaluation and treatment, Victim Impact Panel, etc.), you'd get: jail (at least 48 hours) or community service (at least 80 hours, and unlikely); instead of 1 year of no drinking/drugs, you'll get at least 2 (up to 5); and you'll get a 1-year driver license suspension on top of whatever is coming from DMV for failing/refusing a breath test. You'll also become a convicted criminal with a non-expungeable conviction(s) for the rest of your life. Instead of a $490 filing fee, you'd have at least $1000 in fines. In short, either Divert or go to trial -- pleading if Diversion eligible makes zero sense.
If a wallet was lost and ended up at the police station and they go to determine who it belonged to by driver identification, yet they find two ID's, one being fake. Used for getting into over-21 bars. How would the DA handle it? They know it was ...
When the police or DA's investigator telephone you or corner you at work or home, repeat after me: "I don't answer questions. Lawyer." Then, in response to every subsequent question, "Lawyer."See question
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...
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.See question
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 ...
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!See question
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...
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/See question
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...
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.See question
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?
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!See question
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 ...
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!See question
Felony dui, gun ownership, first dui, oregon
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.See question