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Richard E Oberdorfer
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Richard Oberdorfer’s Answers

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  • I read that since 2009, duii convictions do not drop off your record. What about duii's prior to 2009?

    3 misdemeanor 2005, 2006, one felony duii in 2013

    Richard’s Answer

    Oregon law has long provided that DUIIs (and all traffic offenses) are non-expungeable except in cases of dismissal. DUII convictions do not drop off one's record. Some institutions, like insurance companies, only use them for rate-setting for some limited time. That does not mean the convictions are ever off your record. They are public record.

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  • I got a dui in washington state

    i got a dui in washington state about 6 years ago and a driving on suspended in oregon about 5 years ago dmv said nothing is on my record but the suspension in oregon for not paying cout fees I live in oregon now and have for pa...

    Richard’s Answer

    Please visit Project Clean Slate's website here: http://projectcleanslate.com/frequently-asked-questions-eng/
    It can't hurt to see if your community has a similar "Clean Slate" program to help the many people who are burdened by unpaid traffic ticket fines. You can also call the DMV Help Line at 503-299-9999 to see what exactly Oregon DMV wants from you, before you can get your license back. Good luck!

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  • What can happen after my 2nd DUi?

    Hi, i had a DUI charge but not convicted 3 years ago. I just got another Charge, what should i do? what can happen? are my chances better if i was not convicted of the first offense?

    Richard’s Answer

    You need to get into a DUII lawyer's office, now. Most of my colleagues have already answered your basic question about your exposure, based on the limited information you share here. You should not share any more on the internet -- the cops and prosecutors have computers too! Instead, have a confidential, usually free consult with the many DUII lawyers in your area. If you can't find a good one, look outside your area. And if your last lawyer won your case at trial, start there! We know our old clients well, we understand their lives, and we know how to fight for you. Point being, get off the internet and into a DUII specialist's office -- someone who knows how to try a DUII.

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  • Is it too late to ask for an appeal if my rights were violated?

    In 2013 I wrecked my motorcycle going the speed limit. I damaged no property and was the only one involved as I was on a back country road. The county sheriff responded to the scene then the hospital where I was taken where the nurse printed out m...

    Richard’s Answer

    HIPAA actually REQUIRED the hospital to share your BAC results with the police. Part of HIPAA requires hospitals to rat out their patients if the hospital believes a crime may have been committed. The portion of the statute was probably written to deal with gang members who show up at a hospital with a gunshot wound, but it's practical use is for nurses to telephone police if there's a high hospital blood-draw BAC combined with information that you were operating a motor vehicle on public roads. I hope that answers your question, "Why did the deputy go to the hospital and start asking questions?" You may find more answers in your medical records from that hospital for that date of service, so contact them and order your complete medical records from that day. As others have noted on this forum, these are really issues that should have been explored and explained with your attorney before you entered a plea -- it sounds like you don't remember that happening. In addition to appeal rights, you may have PCR (Post Conviction Relief) rights. In short, you should get in contact with an attorney who handles criminal appeals and PCR. Get into that lawyer's office, and pose your questions there -- the internet is a terrible lawyer! All the best of luck to you, I'm sorry you're feeling so raw about your treatment in the system -- and I'm really sorry that you feel let down by your lawyer. This is one of the reason that most lawyers tend to put information and advice like this in writing -- an email is easy to pull up, and remind people of the law. I truly hope this helps.

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  • My friend just got his first dui in his personal vehical will he lose his cdl? If so for how long?

    just wanting to know if his cdl wil be taken how long and also if he will lose his license and for how long? thank you

    Richard’s Answer

    He's looking at two separate license suspension proceedings against him, which could affect his CDL and DL. First, he's looking at an "Implied Consent" suspension if he either failed or refused a breath test, or refused a urine test. If he wants to fight that suspension, there is a short timeline to do so -- he must file a request for a hearing within 10 days of the date of his arrest. If he telephones an Oregon DUII lawyer, most of us will be happy to fill him in on how to do that. Second, he's looking at a suspension from the court if convicted of DUII. Because he has a CDL, he is ineligible for Oregon's DUII Diversion program, so his only options on the criminal case are: (1) trial or (2) pleading guilty/no contest. Again, a local Oregon DUII lawyer will be able to help him make that decision. To bring it all back around, in making that decision, a DUII specialist will use primarily the cross-examination he performed on the officer at the DMV Hearing. Point being, your friend really needs an Oregon DUII lawyer, and now! Have him give one of us a call, most of us give free consultations on new DUII cases. Do NOT post any details of his case on the internet, as the police and prosecutor have the ability to find it!

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  • I drink one.beer only on saturday and.i had to do a pee text on.Friday so it was 6day after i.drink one beer well it show possit

    Im.doing a devertion pogram

    Richard’s Answer

    I have to disagree with my out-of-state colleagues who posit that a urine test can only detect alcohol use within "hours." In Oregon, most treatment providers test for enzymes your liver creates when breaking down alcohol. Most treatment providers indicate those enzymes are present for 3-4 days after alcohol use. I have to echo my colleague Mr. Heydenrych -- violating your Diversion Contract by drinking "one.beer" is flat out stupid. Stop drinking. It's not worth becoming a convicted criminal, going to jail, and a fresh new 1-year driver license suspension.

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  • I was arrested for a dui. The case hasnt been picked up yet.

    I was arrested in the earley am on presidents day. Was held in Jackson county jail for over 24 hours . its almost march first. How long does the da have to file charges. I've not got to court or have a court date even on citations. I was planning ...

    Richard’s Answer

    You were arrested February 16, and it's less than 2 weeks later -- that's not an unusual delay before your first court date. Look carefully through your release papers from jail. Odds are, there's a court date in there. If you can't find it, call a local DUII attorney -- we have access to the court computer and can tell you about what it has to say. We also have lots of experience defending people in your situation, and can tell you about both (a) your pending driver license suspension, if any (e.g., for failing or refusing a breath test, or refusing a urine test, etc.); and (b) your criminal exposure. Don't post more details online in this non-confidential setting -- cops and DA's have computers too! Finally, beware your 10-day post-arrest deadline to fight your DMV suspension!

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  • I received a DUII in oregon. I have 90 day treatment program, once a wk with ua

    my ua is sent to a lab for screening. I was just wondering if they will do a 12 panel drug test. I do NOT do any illegal drugs, just wondering if my prescribed medication would show up or not. It is klonopine and tramadol. I dont want this to be u...

    Richard’s Answer

    Hopefully, you have disclosed your prescription drug use to your family law attorney -- that lawyer is the one best suited to tell you (a) whether your prescriptions will come up in your divorce proceedings, and (b) give you advice on how to handle it if/when they do. I'm not going to kid you, those are fairly serious prescriptions that might speak to some serious psychological treatment and diagnoses. Family law judges are trying to make "best interest of the children" decisions, so the fact that one parent is substantially medicated (plus has a recent DUII alcohol arrest on top of those meds) could be an issue. As the other lawyers here note, you should have already disclosed your lawful prescriptions to your treatment provider. If you haven't yet, do it now! And if you don't have a family law lawyer, get one!

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  • Dui in California on vacation. Had one there fifteen years ago, had one in oregon where I live 12 years ago. What do I do?

    I can't find citation on Ventura county records, what do I do next?

    Richard’s Answer

    Your question popped up for me, an Oregon DUII lawyer -- make sure you post it in the jurisdiction for your newest DUII. As an Oregon lawyer, I can advise you that if you are convicted of a third DUII in your lifetime, you are at some risk of an Oregon Lifetime License Revocation, pursuant to the "Driver License Compact" (Wikipedia it). I'm telling you so that you realize there is some motivation for you to hire a good California DUII trial lawyer, and trying to win at trial. The Driver License Compact generally requires your home state to suspend/revoke as if your conduct had occurred in that home state -- and in Oregon, a 3rd DUII conviction means Lifetime License Revoke. Point being, you are likely in very serious trouble and should be in a lawyer's office. Get a good California DUII lawyer, now!

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  • Iam live in portland ,or and want to reinstate dl .can i have lawyer here to help case in peoria,il? case is 90&96 .

    had dl in indiana,cop still took in for dui.

    Richard’s Answer

    No, you'll need a lawyer from Illinois to help clear up your suspension there. It's unlikely Oregon DMV will give you a license until your out of state suspensions are resolved. Call Oregon's DMV help-line at (503) 299-9999 to see if you're eligible for an Oregon license, or visit any Oregon full service DMV. The Oregon license application will ask about all previous suspensions -- be honest, it's a crime not to! Good luck!

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