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Richard E Oberdorfer
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Richard Oberdorfer’s Answers

325 total


  • Cell phone ticket

    I received a ticket for talking on a cell phone. The officer put down an old address and drivers license from my previous address and state even though he had the correct information and driver's license in his hand. Can i get out of this ticket o...

    Richard’s Answer

    Was the car actually moving while you were on the phone? If not, you're not guilty of the violation, which requires movement or propulsion under State v. Cruz and Moe v. MVD. Were you using the phone to communicate, or to access the GPS / music? It's important under State v. Rabanales-Ramos. Don't post those details here (there's no confidentiality on the internet), but let your attorney know the answers. These are particularly bad tickets to get on your record, because they are used to increase insurance rates substantially.

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  • Can a probation officers extend your probation for now reason?

    My probation officer has extended my probation another 6 months for no reason. I have done every thing that has been required of me and have proven myself and she gives me no reason why she's extending it. I have my fines paid in full, I've gone t...

    Richard’s Answer

    Probation officers can get a little drunk on power. They do not have the power to unilaterally extend your probation -- only a judge can do that. I worry that what you signed was a request to a judge to extend your probation. The big question: why extend your probation? Is your restitution not paid in full (a very common reason)? Is there some part of your probation obligations that hasn't been wrapped up (alcohol and drug treatment are common)? Get into a good local lawyer's office and share these details. Don't share them here on the Internet as it's not confidential nor private. I'm sorry you're feeling so jerked around by your PO!
    p.s. since you likely had an attorney for the crime that got you on probation, you might start with that attorney's office. But if you're unhappy with that attorney or they've moved on, get into another lawyer's office fast. Otherwise, it's just you and the PO -- and the PO will win that battle.

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  • What happens with 3rd dui when the 2 previous dui were 14 years ago?

    Does the look back period apply, in this case 14 years, on 3rd dui?

    Richard’s Answer

    If convicted you're looking at a Lifetime License Revocation, see here: http://oberlaw.com/uncategorized/lifetime-license-revocation-petition-for-reinstatement-after-10-years/

    Standard jail in Washington County for a third misdemeanor DUII would be 3-6 months in jail, lifetime license revoke, $2000 fine if the BAC is >.15%, alcohol and drug treatment.

    Because the consequences are so severe, you should get an excellent DUII attorney to fight this charge! There's no benefit I can see in pleading guilty. Get into a DUII specialist's office now, and see if there's a way to win this case! You've got a 10-day deadline to ask for an in-person DMV hearing (from the date of arrest) -- don't miss it, as your attorney can learn a great deal at that hearing! It's always best to have the attorney do the DMV Hearing request as he can put his calendar.

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  • I was just sighted and released for a cashing a blank money order I found and was charged with or given theft 2.

    I had found a blank money order in my driveway and cashed it like 4days later. I thought it had fallen out of my moms car and I just found out it was my friends. They are saying it was taken from their house but it couldn't have been because I nev...

    Richard’s Answer

    Theft is a crime of dishonesty and labels you as a thief. If you're having money troubles, having a theft conviction sure won't help -- not many people would hire you or let you work with money. Get a lawyer now -- they have ways to try to completely keep this mistake off your record. As Mr. Kahn points out, civil compromise is one way, and you absolutely need a lawyer to effect that. Otherwise, you leave yourself wide open for miscommunication and Witness Tampering, which just makes your situation worse.

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  • How much is the average fine for a ticket for harassment 166.065?

    I was at the beach and someone called the cops after a heated conversation with another beach goer. Got a citation for 166.065. What is the average fine in Oregon for this. I have not been in trouble before.

    Richard’s Answer

    Just a quick note to make explicit: you are charged with a crime. This is not a traffic ticket. Also, we live in America and it's not illegal to get into a "heated conversation" with another beach-goer. The First Amendment and Oregon's Constitution protect speech, even heated speech (but not imminent threats or solicitations to crime). Don't post any more details about what happened here, but get into a lawyer's office now. A lawyer can contact the prosecutor and -- with the lawyer's reputation in the community and the DA's office -- perhaps persuade the DA to bring no charges against you, or a lesser charge, or charge the crime as a violation. Without a lawyer on your side pre-charging, none of that is going on, and the DA gets to be as creative as they'd like in pigeon-holing whatever your conduct was into a criminal statute.

    Finally, Harassment may be a Class A misdemeanor in some circumstances. The statute is here (you'll have to page down. I tried to paste the language of the statute here, but Avvo says it's too long): https://www.oregonlegislature.gov/bills_laws/ors/ors166.html

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  • Can a sis be used against you by the dmv in oregon as a conviction ?

    Dmw is interpreting my sis agreement as a conviction and suspending my license

    Richard’s Answer

    "Suspend Imposition of Sentence" simply means: putting someone on probation who just got convicted of a crime.

    If you had a deferred sentencing agreement, or a diversion, that's different. Those aren't convictions unless you don't uphold your side of the agreement. But SIS is for people convicted of a crime, placed on probation. Give your lawyer a call or email to verify your situation -- we love to hear from old clients at our firm, and we'll help them in any way we can!

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  • If I got a lowest felony you can get how would I get it exsponged cause I want to be a cop

    I think it was a class c felony

    Richard’s Answer

    I don't want to rain on your parade, but I want you to be realistic. Even if you get a conviction expunged, the cop application process will at some point ask you to disclose all prior police involvement, including expunged cases. Any conviction -- even a misdemeanor -- makes it very unlikely you'll serve in law enforcement. This rule likely has many reasons, but among them are the fact that I, a criminal defense attorney, would cross-examine any cop with a record at great length about his prior criminality.

    Take a hard look at yourself and ask yourself WHY you want to be a cop. To help people? Many professions can get you there. To carry a gun? Uhm, OK (remember, right now you're a felon and cannot legally touch a gun -- you can try expungement or move to reinstate your gun rights with a lawyer). Keep in mind that being a cop means putting your hands on strangers every day and putting them in handcuffs, and occasionally roughing them up (or shooting and killing them). The police profession is not terribly dangerous (it's not even in the top 10 -- that's loggers, fisheries workers, cabbies, window washers, construction workers, etc.), but it seems to be one of the least statistically satisfying (see, e.g., divorce rates). And, it's a job where your application can be denied for being too smart: http://reason.com/blog/2013/05/01/court-oks-barring-smart-people-from-beco?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+reason%2FHitandRun+%28Reason+Online+-+Hit+%26+Run+Blog%29

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  • Can a duii class counselor legally fail you from the classes because they don't want you taking your doctor prescribed medicine?

    I got a duii for alcohol and had to go to a class once a week for 12 weeks. We were randomly UA'd. I'm prescribed marijuana for pain from a herniated disc in my back. They told us we were not allowed to drink alcohol or take illegal drugs. Yet whe...

    Richard’s Answer

    The judge was correct that using medical marijuana is not a probation violation, and no, it's not lawful in my opinion for a treatment provider to refuse to recognize your medical use of marijuana. However, it is quite common.

    Here's the law: House Bill 4014, signed into law March 3, 2016, provides at section 50 (page 35):
    "(2) Notwithstanding ORS 137.540 [Oregon’s general conditions of probation], the conditions of supervision of a person who holds a registry identification card and is sentenced to probation related to the use of usable marijuana * * * must be imposed in the same manner as the conditions of supervision of a person sentenced to probation related to prescription drugs."

    Oregon has a well-defined manner in which it treats prescription drugs for DUII probationers: “every individual receiving [outpatient DUII treatment] services has the right to: * * * (i) Receive medication specific to the individual’s diagnosed clinical needs.” OAR 309-019-0115. In House Bill 4014, the legislature recognized that holding an OMMP registry card signifies an individual has received a diagnostician’s recommendation for cannabis use on a qualifying medical condition. Cannabis, simply put, is medicine for these folks.

    However, we're dealing with an AA/12-step based culture deeply entrenched in the treatment community. These people have sold themselves on the idea that teetotaling is the only authentic living -- except for the psychotropic / pain-killing / anxiety-reducing pharmaceutical drugs that they dose themselves with. Marijuana, in their eyes, is simply bad. Part of it seems to be ancient Puritanism -- meaning "marijuana makes you feel good, ergo it must be bad." In other words, because the drug can have mildly euphoric effects, that's bad. If you're having fun, that's bad. It's part of the prudery's War on Fun.

    If you lived in Portland, the answer would be easy -- I'd refer you to one of the treatment providers that actually honors the law and recognizes medical marijuana. You live in a beautiful but sparsely populated place that likely has less offerings for treatment, and possibly no provider that will honor the law.

    When a treatment provider honors the law, they still review your UA results, but will write "med mj user" next to any THC result and continue you in treatment (not start you over, like this terrible place you're going). The only option I see: have your lawyer prepare an Order for the judge to sign demanding the treatment provider recognize the law and your medical marijuana use. They won't change unless it's shoved in their face, either with that order or with a lawsuit. Talk to your lawyer who kept you out of probation trouble, or hire a new lawyer if you don't like that one, but you will, absolutely, need a lawyer.

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  • Will king county wa or snohomish county wa extradite me from portland oregon for mistamenor traffic warrents?

    DWLSUSPENDED 1ST DEGREE. DRIVING WITHOUT IGNITION INTERLOCK.

    Richard’s Answer

    You may want to post this for Washington lawyers to chime in, as it's a question of Washington state law primarily. Generally, I can tell you that bailing on court doesn't typically help people out. If you had a court date and didn't go, you will be in trouble. More trouble. Call your lawyer in Washington, and see if you can make this right. If you don't have one, there are great ones on this website whom you should call!

    p.s. also, the things you're charged with are crimes -- not "speeding and traffic ticket" (those rarely come with warrants or jail) so I can move your question to Criminal Defense to get you more answers. I can't move it to Washington state, however, so you may want to post there.

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  • How do I go about getting my brother help to get into a state institution?

    He has been in and out of jail since high, mostly for drugs, but this time I just found out he was arrested for a measure 11 for theft. He has some serious mental issues which leads him to abuse drugs, and he has been living on the streets up ther...

    Richard’s Answer

    First, I'm sorry to tell you: there's no such thing as "a measure 11 for theft." Measure 11 is reserved for serious and violent crimes, like robbery, kidnapping, and rape. You should get in touch with your brother's attorney ASAP. If he's charged with a Measure 11 crime, and he's in the financial circumstances you discuss, he most certainly was appointed a public defender at arraignment. Get to know the public defender and her legal assistant, and ask what your brother's exposure is on this case. With your brother's permission, the lawyer should share police reports with you. Finally, you shouldn't expect any Oregon court to release a drug addict before trial while they're facing Measure 11 charges. It's possible, and it can happen, but it would require some stable third party to transfer your brother from jail to supervised housing. That can be a family member, and it might be an in-patient treatment facility. It would also take some work and some great lawyering.

    Point being: if your brother is charged with a Measure 11 offense, he's looking at a minimum 70 months in prison without reduction. Depending on the facts of the case, your brother's attorney may be able to achieve a non-Measure 11 offer or release. But from what you're describing, things don't look particularly sunny. The best thing the family can do would be: contact the current attorney, if you like her, stick with her and maintain open communication. If not, hire a good lawyer for your brother who knows the community, knows the courts, and is happy to fight when that's the right thing to do!

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