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Emily M. Oberdorfer
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Emily Oberdorfer’s Answers

273 total


  • Is it possible to get a speeding ticket dismissed if the officer wrote the wrong time on the ticket? Specifically in Oregon?

    I was given a speeding ticket in Marion county in Salem, OR and the officer wrote the wrong time on the ticket. Instead of 12:49 pm the ticket stated 12:49 am. I am wondering if this is worth fighting since technically the time is wrong

    Emily’s Answer

    As the other attorneys noted, it's not going to win the case for you but there are ways we can exploit that mistake and make it work for you.

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  • How do I get any driving priviledges for work if my license has been revoked for nine years in Oregon

    I now live in Calif, and my license was revoked in 2007 for past DUIs in 91, 93, 2000, & 2007. I have 2 driving while revoked, one in 2010 and one in 2016. The later ones are over 20 years old. Can I get a hearing with an attorney at DMV to ask ...

    Emily’s Answer

    It sounds like you were suspended under ORS 809.235 which allows for a petition to reinstate after 10 years. Unfortunately 2(b) of that statute states:

    Notwithstanding paragraph (a) of this subsection, if during the revocation period for the crime for which the person was convicted the person is convicted of a criminal offense involving a motor vehicle, the person may file a petition to restore driving privileges as described in paragraph (a) of this subsection no sooner than 10 years from the date of the most recent conviction involving a motor vehicle

    If you really were convicted of Driving While Revoked last year it may be another 9 years until you can petition for reinstatement.

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  • What do I do if I got a fine for failure to have interlock decive installed in my vehicle

    I got pulled over for speeding and got a warning for speeding but got a traffic violation for failure to have an interlock device.

    Emily’s Answer

    I strongly suggest you contact an attorney as soon as you can. A conviction on failure to install the IID may have significant consequences for probation or DUII diversion.

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  • Can I be issued a traffic ticket based only on an angry drivers word?

    I was driving my moms car with my husband and the car in front of me pulled over (into a no parking zone) so I went around her. She got very angry and honked at me. I continued on my way and after a few turns I realized she was following me. When ...

    Emily’s Answer

    Oregon law requires an officer to observe the violation unless there was an accident. For a traffic crime however, they can go by witness statements.

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  • Does the ticket have to be sent within 6 days or must I receive it within 6 days?

    I seen one of the photo radar cameras go off and I believe it may have got my car and not the speeding one in front of me. I'd like to prepare for any possibilities. I'm curious how Oregon v. Daly might affect anyone who formally objects on the sa...

    Emily’s Answer

    In order to assert your rights under Daly you need to raise the statutory preconditions to the issuance of the citation under State v. King. Then you need to be prepared to litigate the issues. You have the same rights as Daly, but you need to be able to raise the objections that Mr. Turnoy raised on Daly's behalf. Daly says that someone has to lay the foundation for the mailing piece - so not exactly that they have to fly someone in, but maybe.

    Depending on your record and your desire to win this thing you may want to hire an attorney to use protect your rights. It's probably worth your time to give a traffic specialist a call.

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  • Will I fail a background check for traffic history

    I am going to try to buy a gun. But I have a bumpy traffic reccord in the past. All nonviolent. And none a felliony. My question is any of this cuse for concer for when the background check is ran

    Emily’s Answer

    I wouldn't expect traffic tickets to be a problem.

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  • What is the maximum DUII treatment requirement in Oregon through ADES?

    I notice that the minimum DUII treatment requirement is 90 days. What is the maximum treatment that can be required?

    Emily’s Answer

    You'll need to demonstrate 90 of abstinence at the very least. ADES isn't the treatment provider though, they monitor your treatment and your IID so in a sense they are with you the entire time you're on probation. You should contact your lawyer, if you have one or get one if you haven't already. Each case is different and the answer I tossed out might not be correct for your case.

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  • This would be my third, but the other 2 duii were from when I was a kid over twenty yrs ago. Will i have my liscense revoked?

    Hello I live in Oregon. I just got a duii last night

    Emily’s Answer

    You should absolutely meet with a DUII specialist as soon as possible. While you may be diversion eligible you should go over everything with an attorney who can review your record. Don't post anymore details online and get someone in your corner to look after your best interests. Don't forget that 10 day deadline Mr. Woodworth mentioned!

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  • What is the best course of action to take?

    I got a ticket for 80 in a 55 when I was visiting the Portland area from Los Angeles. I really don't have an excuse other than I wasn't going fast for long and was immediately stopped. I was in a rental car and messing around with the controls an...

    Emily’s Answer

    Your best shot at keeping this from hitting your driving record is to hire a traffic ticket attorney in Portland. Depending on the cop, the interaction on the side of the road, your record, and other factors a good lawyer maybe able to get a dismissal deal. It's also possible to get the fine lowered so the collateral consequences aren't as harsh.

    Lawyers can't ethically delay trials in the hopes that the cop won't show. It doesn't matter anyway as most officers in Portland show up for court most of the time. It's part of their job to be there, so they usually show up. A good lawyer can go a long way on something like this.

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  • How do I know if I got a ticket & if so can I fight it?

    I was waiting at a red light when it turned green I started to proceed and noticed a lady decided to cross the side walk across the road towards where I was going, she didn't even look to c if there was cars she just walked straight, it turned yel...

    Emily’s Answer

    It sounds like you're talking about a photo camera; did you see the flash? If you got a ticket it will be sent to the address the DMV has on file, so make sure they have the right one. Watch your mail religiously, if it comes save everything, including the envelope it comes in, and contact a traffic ticket attorney.

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