William Francis’s Answers

William Francis

Medford DUI / DWI Attorney.

Contributor Level 10
  1. I have driving privileges. However, I have not gone into get my license. I was pulled over, will it be suspended?

    Answered 10 months ago.

    1. Richard E Oberdorfer
    2. Damien S Donnelly-Cole
    3. William Francis
    4. Peter R Tovey
    5. Jay Scott Finnecy
    5 lawyer answers

    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.

    3 lawyers agreed with this answer

  2. I failed my ignition interlock device what will happen

    Answered over 2 years ago.

    1. Richard E Oberdorfer
    2. John E. Schlosser
    3. William Francis
    3 lawyer answers

    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...

    3 lawyers agreed with this answer

  3. 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

    Answered over 2 years ago.

    1. James Kevin Hayslett
    2. Richard E Oberdorfer
    3. John E. Schlosser
    4. William Francis
    4 lawyer answers

    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...

    3 lawyers agreed with this answer

  4. Temporary custody without divorce or legal separation in Oregon

    Answered over 4 years ago.

    1. William Francis
    1 lawyer 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...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  5. Do I qualify for defer action under DACA?

    Answered over 2 years ago.

    1. Edward A Kroll
    2. Jared Justice
    3. William Francis
    3 lawyer answers

    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.

    1 lawyer agreed with this answer

  6. 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.

    Answered over 4 years ago.

    1. Mark Kramer
    2. Robert J Harris
    3. William Francis
    4. Lake James H Perriguey
    5. Ronald Glenn Lieberman
    5 lawyer answers

    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.

    2 people marked this answer as helpful

  7. Holiday parenting time?

    Answered over 4 years ago.

    1. William Francis
    2. Lake James H Perriguey
    2 lawyer answers

    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...

    2 people marked this answer as helpful

  8. Military Divorce

    Answered over 4 years ago.

    1. William Francis
    2. Ronald Glenn Lieberman
    3. David Alexander Browde
    3 lawyer answers

    I don't quite understand how your husband is "protected" by the Marines. Unless he's deployed, you can go ahead and begin your divorce by filing papers with the court and having your husband served. Unless your husband is deployed, the Soldiers’ and Sailors’ Civil Relief Act would be unlikely to delay any new divorce proceedings. Your husband would have to request the delay and prove (somehow) that his military duties would prevent him from obtaining proper representation in court. Coverage...

    1 person marked this answer as helpful

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

    Answered over 2 years ago.

    1. Joshua Pond
    2. Jeremiah Vail Ross
    3. William Francis
    3 lawyer answers

    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.

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

    Answered over 4 years ago.

    1. William Francis
    2. Frederick Scott Islieb
    2 lawyer answers

    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.