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William Francis

William Francis’s Answers

14 total


  • I have driving privileges. However, I have not gone into get my license. I was pulled over, will it be suspended?

    I received a DUI. I never drove on a suspended license. I spoke to the DMV and my driving privileges have been restored. I just need to get my license. I had to drive to work and was pulled over for rolling through a yellow. He saw I did not h...

    William’s Answer

    From your question, it looks as if the police officer issued a citation for "failure to carry and present" your driver's license. This is not the same as driving while suspended, but it is a class-C misdemeanor. If you go to DMV and get your new license before your court date, the prosecutor may be willing to let you plead to this offense as a violation rather than as a misdemeanor. You won't be suspended for this.

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  • Do I qualify for defer action under DACA?

    I was charged with a DUI in Oregon and completed a diversion court-ordered program, consequently the charge was dismissed after a year without a conviction. I researched the subject-matter, and under Oregon law a DUII diversion cannot be expunged.

    William’s Answer

    Your criminal record will always show that you were charged with DUI and that you "went diversion." The suggestion by the courts and the prosecutors that this charge will "go away" after a year is misleading, at best. The charge, your guilty plea, your entry into diversion -- these stay on your record forever. Diversion is not Generally, the only reason for entering diversion is to avoid a license suspension and save a few hundred dollars.

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  • I failed my ignition interlock device what will happen

    i blew a .05 in my ignition iterlock device i am currently in diversion and have not completed it yet. i have never been in trouble before but initially i got the duii for blowing .07 when i got pulled over. i just want to know what i can do and w...

    William’s Answer

    The IID stores data on every blow. The IID installer is required to calibrate the device every 60 days. When the tech calibrates the device, all of the data is downloaded. If the data suggest non-compliance with your diversion agreement, the diversion coordinator at the probation office will know it. The district attorney will be told. Depending on the status of your driver's license, a notice may also be sent to DMV. Remember that anyone participating in diversion isn't allowed to drink alcohol at all, ever, in any amount, for the year diversion continues. You could end up having to convince a judge that your diversion agreement should not be revoked.

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  • If you do a diversion program in Oregon do you still have your license suspended?

    How does license suspension work when couple with diversion?

    William’s Answer

    There is no license suspension in diversion. This is one of only a couple of valid reasons for going diversion.

    If your license was suspended by the DMV (as the other attorneys have discussed), diversion will have no effect on the DMV suspension and the DMV suspension will have no effect on your diversion.

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  • Got DUI Crim.Misc. II Presump Fine2. Blew all zeros. unknown results of UA . Wed. 10/24/12.Do I need attorney,and how do I plea

    truck with a hugh trailer hitch on it. No damage to the truck (at least the that is what owner said,one was hurt except my little car, it just crumbled it. It was taken to the Body shop at my request. It was an accident. The only thing I did wa...

    William’s Answer

    I am almost certain that when the date written on your citation arrives, you will go to court only to learn that no charges have yet been filed, and then you will have to wait for a letter from the DA, which will be sent to you only after the lab results come in.

    In the future, remember, you do not have to agree to take the roadside tests. You should not get out of your car unless the police officer tells you that you are under arrest. You should say nothing when you are questioned.

    The Government (meaning, the police and the prosecutor) want us all to believe that you were examined by a "Drug Recognition Expert," and that this person's observations will be enough to persuade a jury that you were under the influence of a drug. This "medication person" isn't an expert. This police officer isn't a medical person at all. You didn't mention if you had taken any medications, but even if you did, I begin with the presumption that you weren't impaired by a medication that was prescribed by your doctor. The urine sample you gave the police will be sent to the Oregon State Police crime lab for analysis, but it will likely be several months before they send results to the DA. There may be other charges added to those written on the citations when the case is finally filed.

    When you do finally appear in court, this is what you need to know: Tell the judge you are NOT GUILTY. The judge will ask if you would like the court to appoint an attorney appointed to represent you. If so, you may apply for a public defender. (Remember, public defenders are not free. If you're convicted, you will be ordered to pay attorney fees.)

    If you were convicted of DUII or had diversion within the past 15 years, you will not be eligible for diversion now, but diversion is not an appropriate choice at this point anyway, given the facts of your case. Relying only on the information you have written here, my advice is to hire a qualified DUII attorney and consider taking this case to a jury trial.

    All the best to you.

    William Francis

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  • I bought my home prior to getting married and still owe on it, if I get a divorce is my husband entitled to half?

    I bought my house 7 years prior to getting married. I still owe money on it. The loan is only on my name. If I divorce my husband will I have to give him half of the value of the house?

    William’s Answer

    In Oregon, the court would divide only the increase in value (if any) that occurred during the time you and your husband have been married.

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  • Temporary custody without divorce or legal separation in Oregon

    My husband has recently moved out. I am hoping that this does not end in divorce, but I want to protect myself and our child in that event. What I am wondering is if I can file for temporary custody without having a divorce or legal separation cas...

    William’s Answer

    In the short view, "custody" is a powerful word that is often described as the objective of a "battle." Let's hope you and your husband can continue to to work on your relationship and your parenting plan, whether your marriage dissolves or not.

    You must file a case to confer jurisdiction on the court.

    But your trepidation about losing your parental rights strikes me as premature. The court presumes that it is in a child's best interest for custody to be awarded to the primary residential parent. The court is also likely, however, to grant significant periods of parenting time to the so-called "non-custodial" parent.

    Without a case file, there is no issue presented and therefore no legal remedy.

    I'd suggest that you consider filing a petition for a limited separation. A separation judgment can provide that the separation will expire after a period of time. Then, the parties return to their status as married people unless they decide they'd rather be divorced).

    In your situation, you might benefit from a limited separation. This would enable you to ask immediately for temporary orders on parenting time and a limited judgment awarding child support. All other issues could remain dormant as you attempt a reconciliation. There would be no pressure from the court to enter a divorce judgment and your case could easily be dismissed if there were a reconciliation.

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  • Married 33 yrs. Spouse is an unemployed drug addict. Home is in my name only. How do I get him out? He refuses to leave.

    The family home was sold 4 years ago and I bought my current home in my name only. He has had 16 jobs in 11 years, but has a pension he can draw in 3 years . I want a portion of this to cover the ParentPlus loans we have for our child's college. I...

    William’s Answer

    The answer to your question is yes.

    Oregon is not a community property state but there is a legal presumption of equal contribution. This means that the court will assume that any assets that were acquired by either party during the marriage are the joint property of both parties. You each have a claim to the other's pension.

    The presumption of equal contribution may be overcome by evidence that your husband did little or nothing to help you acquire these assets.

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  • When Divorce papers say that mother petitioner has sole custody when child attends school. Does that mean Pre school?

    I am confused. Right now The ex and I share custody of our daughter 2 days with him 2 days with me, and friday sat, sun are alternated. However it says that once child is in school, The father will only have her every other weekend. Does that star...

    William’s Answer

    It is apparent that you and your child's father agreed on a parenting plan. This implies that you and he either wrote or agreed on the language that "it" contains.

    I am assuming that "it" is either an order or judgment that the court has entered, or a memorandum of an informal agreement between the two of you. Either way, the language relating to school means only what you meant it to mean when the two of you agreed to it. If you didn't answer this question back then, there's no way to answer the question now just by looking at the document.

    You will need a new judgment or order, or a new agreement resolving this issue.

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  • Holiday parenting time?

    I have sole custody of my child and the other parent has what is set forth in the judgment. However, the other person does not seem to understand the judgment to it's entirity. There are limited modalities of contact (for a good reason) and the ot...

    William’s Answer

    There is no entitlement to so-called "make-up time." In the absence of specific language in a judgment or order, my position would be that the other party's right to "make-up time" simply does not exist.

    As a practical matter, imagine the result if "make-up time" were allowed. A party would then be able to cancel scheduled parenting time and then show up to claim that a cumulative number of hours are now "owed," and may be "redeemed" at whim.

    Respectfully, I would disagree that you should rely on contempt statutes (at ORS chapter 33) or ORS 107.434 and its provisions for expedited parenting time enforcement. I believe the appropriate remedy is modification.

    If this issue is particularly troublesome, you may consider requesting an order modifying the parenting plan or clarifying its provisions. With these additional provisions you could have certainty.

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