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Richard E Oberdorfer
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Richard Oberdorfer’s Answers

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  • Could I go to jail?

    I had a dui in 2008 and went to diversion, completed everything and it was all taken care of. I got a second dui in 2012 I paid off all my fine with bail money but I failed to do the classes and community service. Yesterday I got pulled over and g...

    Richard’s Answer

    Odds are, yes, you're likely going to jail. Probably not for terribly long, though. You'll also be looking at probation, alcohol/drug abstinence, etc. you should meet with a DUII specialist to see whether you have a defense to your DUII (likely) or your DWS (less likely). That doesn't mean you'll have a silver bullet to get out of your troubles, but it does mean you might have a reason to fight, to not go gentle into all the lifetime restrictions that come with being a convicted criminal. Make no mistake about it -- if you plead guilty or no contest to either DUII or DWS, you become a convicted criminal for life -- there's no expungement for traffic crimes. Being a convict could interfere with your life goals, there's no doubt. So meet with a good DUII lawyer, and make some good decisions about going forward!

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  • MY CAR IS OVER 60 YEARS OLD AND IS A 6 VOLT SYSTEM. AN IID CAN NOT THEREFORE BE HOOKED UP. WHAT DO I DO?

    THATS IT

    Richard’s Answer

    I too like old cars (and motorcycles). But there's no way I would hook up a 1950's era Triumph/BSA/Vincent 6-volt ignition system to any ignition interference! Those rigs are difficult enough to keep going without putting yet another (complicated) switch between them and your points-and-breakers ignition system. The answer is: you cannot drive your beautiful older car during DUII Diversion. If you don't have a modern car, you'll need to buy one -- and by "modern," I mean less than 20 years old. They all have electronic 12-volt ignition that are robust enough to take an Ignition Interlock Device (IID). *I understand the installers have some problems with European cars, so you may want to call your local IID installer before purchasing.

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  • I have a lifetime suspension on my D.L. in Oregon due to 4 DUI's throughout my life. Can I get a DL in Pennsylvania?

    I was convicted of my 4th DUI in 2010 (all in OR) and was sent to prison for 25 months. After parole, I completed all of my conditions, including treatment. I finally got off supervision back in 2013. Now I am planning on moving to Pittsburgh, PA ...

    Richard’s Answer

    Ultimately, the way you find out is by visiting a PA DMV after you've established residency and applying for a driver license -- after honestly answering the application questions. Expect to be asked about suspensions and revocations in other states. Bottom line, it's unlikely you'll get a license, but what do you have to lose by trying?

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  • I refused a Breathalyzer ,but 15 minutes later same machine took one that gave me a .03 blood alcohol can i use this in court?

    i was pulled over for swerving when i wasnt. asked for a blood test and officer refused me. no vidioe in police or station. blew a .03 after refusal and was released into own custody to drive myself home

    Richard’s Answer

    Just writing to add: the results are admissible because of an Oregon case called Milstead. But you need a good lawyer to preserve the results now, and, as Mr. Donnelly-Cole points out, to fight your breath test refusal license suspension from DMV.

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  • I was arrested 9/1/12 for DUI does the new speedy trial law apply to my case or would it be considered ex post facto

    Arrested 9/1/12 then case was dismissed 3/1/14 and refiled after the new speedy trial law took place 4/1/14 the effective date of the new law was 6/18/13 so does the new statue which acts retroactively apply to my case since the alleged crime ha...

    Richard’s Answer

    If your case was dismissed and re-charged, even the old speedy trial statute case law said that the clock started ticking with the new filing. There are a few exceptions, but it wouldn't be smart to go into those here on a PUBLIC FORUM that the prosecutor, police officer, and judge can read. You may have some potential legal defenses on these facts -- ask a DUII specialist about them in a confidential setting, ideally the lawyer's office. Most of us do not charge for an initial consultation. And of course, you likely have some factual legal defenses too -- if you have a good DUII lawyer who will recognize them. Again, give one a call and set an office conference, sooner rather than later!

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  • Will my license be SUSPENDED for life? I'm not sure and don't understand if my diversion count's as an conviction?

    I live in Oregon State. I received a DUI in 2004. I got diversion and probation for this crime, but I completed it as required. Then in 2007 I was convicted of a DUI, and completed everything as required. Now on New Year's Eve, of 2014, I was s...

    Richard’s Answer

    • Selected as best answer

    This is a question you should be asking in a lawyer's office. It doesn't take much work to get there -- just call one of us DUII specialists in the tri-county area and set an appointment. Most of us don't charge for the consultation, and you'd walk out knowing the answer to this and many other questions -- your stress would drop phenomenally. Based on the info you've posted, NO, you are not looking at a Lifetime Revocation. That's for people with a third CONVICTION, and you write that your first DUII arrest ended up in a dismissal for successful completion of Diversion. On the other hand, there are many collateral suspensions you could be looking at, which is why you need to be in a DUII lawyer's office. One of the more common is the Habitual Offender Revocation, for people who also have a DWS (Driving While Suspended) or other major traffic crime on their record in the past 5 years. Ultimately, you're exposure sounds like second DUII conviction (unless you win at trial, and there may be MANY reasons you should go to trial -- sounds like you've never had one!), which in Clackamas County can mean 20-60 days jail. You could of course get up to the statutory maximum of one year in jail, but that's unlikely based on what you've shared here. Again, there are too many variables to put on the internet, and the internet is not confidential (e.g., the prosecutor / your arresting cop can get on the computer and read everything you post). So don't post any more details, and get into a good DUII lawyer's office now! We usually can see a new client the same day, or within a few days of the phone call, depending on our schedule. Good luck!

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  • Got MIP but no proof of me drinking. Can I fight this?

    I was sittin in a car with two other friends parked outside of a friends house, the car was off and a police officer comes to my door so I open it & he demands my ID. I ask why, he refused to explain why so I refused to show it to him. Another cop...

    Richard’s Answer

    Yes, you can fight this, WITH A GOOD LAWYER. Its probably best to hire a prominent DUII specialist in your area, because we understand what a judge will and will not accept as evidence of alcohol consumption. Also, in Oregon You are looking at a ONE-YEAR DRIVER LICENSE SUSPENSION if convicted, even though your case had nothing to do with you driving, so again: get a good lawyer, now. The stakes are too high. Plus, if convicted this will go onto your DMV and law enforcement records, and can be used against you by prospective employers. Get a professional on-board now, by calling one and setting an office conference. Most of us charge nothing for the initial consultation. Good luck, and I'm sorry the police hurt you.

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  • I got a reckless driving charge in Idaho and they suspended my license I am from oregon w/ a ODL does my suspension follow to OR

    I had a medication change which caused me to have a severe mental break down where I got in my car and drove 700 miles from OR to Alexander ID no reason that's just where I ended up then a few hours after my arrival I just snapped and totally los...

    Richard’s Answer

    The Driver License Compact is an interstate agreement that your driving conduct will be treated by your licensing state as if it occurred on its home soil. If Oregon gets wind of your conduct (which includes several reasons for suspension or revocation), Oregon DMV may take action against your driver license. It will likely do so by mail, so make sure your mailing address is current with Oregon DMV and watch your mail carefully. You may want to hire an attorney now to defend you against the potential driver license sanctions, or, less carefully, you could wait until you actually possess a suspension or revocation notice from Oregon DMV. It's always better to hire an attorney early, rather than too late. Idaho can take action against your ability to legally drive in Idaho.

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  • I received a "Show Cause" subpoena last week trying to revoke my DUII diversion for a false pos. IID blow. Perplexed.

    My DUII occurred in Harney County in Oct. of 2013., and my BAC was a 0.07. I requested diversion and was granted it. My diversion was over in Nov. 2014 and I have paid for and complied with all the requirements. Now they are disputing a false p...

    Richard’s Answer

    Don’t eat or drink anything within 15 minutes of using an Ignition Interlock Device (IID). And since they come with “rolling re-tests,” don’t eat or drink while driving at all.

    That’s the advice I give everyone about IIDs. It is shocking, and a life-change for many busy people who typically have coffee or food while driving. I give this advice, however, for a few different reasons:

    (1) The IID does not measure alcohol. No breath testing machines do. Instead, what they measure — whether by fuel cell, or semiconductor, or infrared spectrometer — are methyl group chemical compounds. One of those compounds is ethyl alcohol. The machine assumes whatever it’s seeing is booze. People who work with gasoline or paint are at risk, so are people on any diet or who are fasting. In cross examination of Oregon State Crime Lab technicians, they have also admitted that false positives can be achieved through eating fresh bread or Altoids. In anecdotal use of various breath testing devices — on myself and colleagues — I have seen food and drink act as interferents and cause either (a) false positives or (b) vastly artificially high readings. Guess what the lock-out level is the the IIDs? It’s supposed to “Correlate well with established measures of alcohol impairment.” ORS 813.600(2)(c). So what are you thinking, .08? The AMA’s new recommendation for .05? Nope. .025% BAC.

    (2) Any food or drink can cause a positive alcohol result. When you were arrested for DUII, your Oregon police officer used an infrared spectrometer — the Intoxilyzer 8000 — to gauge your BAC. Before doing so, science required him to “observe” you for at least 15 minutes to ensure you took nothing by mouth. Nothing. I suggest the same rule for use of an IID — take nothing by mouth for 15 minutes before use, and eat / drink nothing while driving.

    (3) ADES is not necessarily on your side. ADES can use the downloaded “fails,” “lockouts,” and even any positive “alcohol” result to lodge Diversion Revocation proceedings. So far, they’ve had trouble proving that the defendant was in fact the driver. In part because of this, ADES is angling for the legislature to require camera-based IIDs — and if they fail at the legislature, they’ll try it through rule-making. Point is, ADES in some counties considers itself part of the prosecution team and can aggressively pursue Diversion Revocation for people with IID problems. Cynics might say there’s a fiscal motivation — if you get kicked out of Diversion, you’ll be paying some new fees to ADES. Maybe you’ll be on probation the next 5 years, instead of Diversion for 1.

    The legislature intended the use of IIDs prophylactically — and the studies support that use. In other words, IIDs vastly reduce the incidence of drunk driving. But as some ADES providers and prosecutors twist this new, prophylactic tool into a prosecution tool, abuses will follow. It is in the very nature of government, power, and surveillance — and let’s face it, that’s what IIDs are all about. Enforced government surveillance.

    Finally, the use of IIDs for prosecution or revocation purposes does not gibe with my decade-plus of experience as a DUII lawyer. Most people I represent on a DUII Diversion, I never see again — because they change their habits and behaviors with alcohol. Either they abstain; or they moderate; or they divorce drinking from driving. IIDs will do nothing for those folks. They should not be treated by reference to their worst possible example.

    But since they are…just don’t have anything to eat or drink for 15 minutes before using an IID. And don’t eat or drink while driving at all.

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  • Got 1st time DUI in CA, DL based in IA & currently living in OR. Driver record still clear @ IA DMV. Want to apply for OR DL.

    Arrested May 2014 for 1st time DUI. CA DMV & Court both convicted me Sept 2014. Court ordered 100 hr comm service w/ any nonprofit in OR (almost done) plus fines & 5 yr probation (obey all laws, drive with valid DL etc). CA DMV suspension ends ...

    Richard’s Answer

    First, you can only apply for an Oregon driver license if you're an Oregon resident. Second, the law you cite is part of the Interstate Compact, see here: http://en.wikipedia.org/wiki/Driver_License_Compact
    Third, Oregon DMV will not give you a license if you're currently suspended in another state. So it would not be this Oregon lawyer's advice to apply for an Oregon license in January since you know you are suspended until April in California (when one applies for a license here, the application asks if you are or ever have been suspended, when and why).

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