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Richard E Oberdorfer
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Richard Oberdorfer’s Answers

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  • Is a minor ever allowed to drink alcohol if he has parental permission? Even if it is a private residence?

    An argument has developed over this, with half saying yes it is legal and the other half saying it is never ok to give a minor alcohol. Please clarify.

    Richard’s Answer

    Not only can parents give children alcohol, it's also permitted for any religious rite. That means communion, or Passover...maybe it includes a champagne toast at a wedding, since marriage is a sacrament in many religions. For Christians, making a bunch of extra wine at a wedding was the first public miracle of the religions founder. See, e.g., the wedding feast at Cana.

    "ORS 471.430 Purchase or possession of alcoholic beverages by person under 21; entry of licensed premises by person under 21; penalty; immunity; suspension of driving privileges; assessment and treatment. (1) A person under 21 years of age may not attempt to purchase, purchase or acquire alcoholic beverages. Except when such minor is in a private residence accompanied by the parent or guardian of the minor and with such parent’s or guardian’s consent, a person under 21 years of age may not have personal possession of alcoholic beverages.
    (2) For the purposes of this section, personal possession of alcoholic beverages includes the acceptance or consumption of a bottle of such beverages, or any portion thereof or a drink of such beverages. However, this section does not prohibit the acceptance or consumption by any person of sacramental wine as part of a religious rite or service. "

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  • Where can i get a form for motion and affidavit and order to file in court to remove my IID device?

    I don't have money to hire lawyer and want to do it myself.

    Richard’s Answer

    It depends on the reason you are required to have an IID. Diversion? You can apply after 6 months. Maybe sooner, if the breath test was under .08% BAC or it was a drug DUII. Conviction? That's likely a DMV rule you must navigate, rather than a court order. If you want the IID out, you just might need to hire a lawyer.

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  • Why can't I take my medication in my dui treatment class?

    I received a dui in 2006 and was placed in diversion but ended up not being in compliance and was charged with the dui. In order to get my license back I have to either wait 10 years, No thanks, or take the 12 week course but no one will accept me...

    Richard’s Answer

    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. I'm guessing you're on some heavy opiates, maybe morphine? In any event, I've had daily methadone and suboxone users successfully make it through DUII certified alcohol and drug treatment, so I don't see why you won't be able to do it.

    The trick is to find a treatment provider that honors the law referenced above. Treatment providers are often staffed with AA "true believers," meaning they disregard the part of the Big Book that says: listen to your doctor and take appropriate medication, instead believing that teetotaling is the only means of authentic living. If you find yourself surrounded by treatment providers like that, you might have to pursue treatment out of town. I'd know the places to send you in Portland, but you live in Albany. Find a good attorney that specializes in DUII in your area and hire them for a consultation. In your neck of the woods, Gig Wyatt and Randy Snow are fantastic choices, great lawyers, and all-around nice people.

    Finally, if cannabis is your pain medication, be aware of 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."

    There are even fewer treatment providers who honor this law as it relates to marijuana (much easier to use opiates while in treatment -- how is that for intelligent risk-reduction? Opiates are far more statistically dangerous, but far more acceptable to treatment providers). Be prepared to tell your lawyer exactly which treatment providers have turned you down. In other words, saying "no one will accept me," won't work -- the lawyer will need to know which treatment providers you've tried, so she'll know which ones are still left to try. Plus, you'll be educating the lawyer about which treatment providers she should steer clients away from.

    You may need your treating doctor to write a letter, and your lawyer to write a letter explaining the law, before you'll be able to get through treatment. If you want to get a driver license back, it's worth it. Good luck!

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  • An attorney for a incorrect right hand turn a reckless driving and under the influence in Coburg Oregon with a commercial vehicl

    They also trying to charge me with a DUI Under the Influence they did a few variety I mean a sobriety test no conclusion took me into the jail their expert did his little horse and pony thing and took a urine sample and a portable toilet put the s...

    Richard’s Answer

    Coburg is pretty famous in this state, at one time funding about half it's city's budget with traffic enforcement -- to the tune of $775,000 annually. Most city's in Oregon get about 4% of their budget from traffic ticket revenue. For more info, you can click here: http://www.seattletimes.com/seattle-news/notorious-for-i-5-speed-traps-coburg-police-clean-up-their-act/

    On your DUII and other charges, you know the drill: you need a lawyer, and now. Sooner is always better than later, when a lawyer has to undo problems that well-meaning clients have made. Get a lawyer with a good reputation now, because you want that lawyer to start writing letters to the prosecutor letting them know: (a) of the lawyer's involvement and (b) trading on the lawyer's reputation in the community as someone who fights, takes cases to trial, and wins. Prosecutors are much less likely to file charges when there is a lawyer like that on the other side early on.

    Next, buckle your seatbelt for some waiting -- because the prosecutor won't make any good decisions for you until the Oregon State Police Crime Lab urine test results come back, which takes about 60 days (!). Sometimes, I've persuaded prosecutors to make no formal charges until results come back. You're in a county where it's much more likely you'll be charged immediately, with you and your lawyer having some burden to convince the prosecutor's office that you're innocent. We deal with the world as it is, not as it should be. It should be that you're presumed innocent off the bat.

    Get into a good DUII lawyer's office, and now. Most of us don't charge money for initial consultations. I'm sorry you're dealing with this! They're going after your livelihood, for Pete's sake.

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  • No ticket in Missouri 1983 they want me to go to DUI class I live in Oregon they won't give me DUI class could never have one

    Got ticket in Missouri 83 I want me to go DUI class I live in Oregon they won't give me do you like I never had one what can done

    Richard’s Answer

    DMV’s rules require proof of successful alcohol treatment before you can get your license back following a DUII conviction. There are a only a few, narrow exceptions: (1) it’s been more than 15 years; (2) a Circuit Court judge signs an order that says you made “sufficient steps” to complete treatment; or (3) it’s an out-of-state DUII conviction we’re talking about. The rule reads as follows:

    735-070-0085

    Proof of Treatment Completion Required for Reinstatement of DUII Suspension

    (1) Except as provided in section (3) of this rule, a person whose driving privileges are suspended due to a conviction in an Oregon court of driving under the influence of intoxicants (DUII) must provide as proof that the person completed a treatment program to which the person was referred under ORS 813.021, a DUII Treatment Completion Certificate (Certificate), DMV Form 735-6821. The Certificate must be completed by an authorized representative of an Oregon DUII treatment program approved by the Director of the Oregon Health Authority (OHA) or by an authorized representative of OHA on behalf of an Oregon DUII treatment provider or an out-of-state DUII treatment provider.

    (2) If the person has more than one suspension of driving privileges resulting from DUII convictions, the Certificate required under section (1) of this rule is sufficient for reinstatement of all DUII suspensions with arrest dates that were before the date treatment was completed. For purposes of this section, the Certificate must show the date treatment was completed.

    (3) If the person does not provide the proof described in section (1) of this rule, DMV will not reinstate driving privileges following a suspension for DUII unless:

    (a) The person submits an order from the circuit court of the county in which the person was convicted showing that the person has taken sufficient steps to satisfy the requirement under ORS 813.021 to complete a treatment program;

    (b) It has been 15 years or more since the person’s last DUII conviction in an Oregon court; or

    (c) The suspension of driving privileges resulted from a conviction in another jurisdiction for the statutory counterpart to ORS 813.010 (DUII).

    Stat. Auth.: ORS 184.616, 184.619, 802.010, ORS 809.380 OL 2012, Ch. 9
    Stats. Implemented: OL 2012, Ch. 9; OL 2013, Ch. 233
    Hist.: DMV 5-1994, f. & cert. ef. 7-21-94; DMV 4-2012(Temp), f. & cert. ef. 3-26-12 thru 9-21-12; DMV 10-2012, f. & cert. ef. 7-19-12; DMV 10-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13

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  • What do I do? Do I have to do an assessment?

    I lost my license in2001 on a dui. I'm now trying to get my license back and Dmv says I need an assessment done but I don't drink anymore. I haven't drank in years. What do I do?

    Richard’s Answer

    DMV’s rules require proof of successful alcohol treatment before you can get your license back following a DUII conviction. There are a only a few, narrow exceptions: (1) it’s been more than 15 years; (2) a Circuit Court judge signs an order that says you made “sufficient steps” to complete treatment; or (3) it’s an out-of-state DUII conviction we’re talking about. The rule reads as follows:

    735-070-0085

    Proof of Treatment Completion Required for Reinstatement of DUII Suspension

    (1) Except as provided in section (3) of this rule, a person whose driving privileges are suspended due to a conviction in an Oregon court of driving under the influence of intoxicants (DUII) must provide as proof that the person completed a treatment program to which the person was referred under ORS 813.021, a DUII Treatment Completion Certificate (Certificate), DMV Form 735-6821. The Certificate must be completed by an authorized representative of an Oregon DUII treatment program approved by the Director of the Oregon Health Authority (OHA) or by an authorized representative of OHA on behalf of an Oregon DUII treatment provider or an out-of-state DUII treatment provider.

    (2) If the person has more than one suspension of driving privileges resulting from DUII convictions, the Certificate required under section (1) of this rule is sufficient for reinstatement of all DUII suspensions with arrest dates that were before the date treatment was completed. For purposes of this section, the Certificate must show the date treatment was completed.

    (3) If the person does not provide the proof described in section (1) of this rule, DMV will not reinstate driving privileges following a suspension for DUII unless:

    (a) The person submits an order from the circuit court of the county in which the person was convicted showing that the person has taken sufficient steps to satisfy the requirement under ORS 813.021 to complete a treatment program;

    (b) It has been 15 years or more since the person’s last DUII conviction in an Oregon court; or

    (c) The suspension of driving privileges resulted from a conviction in another jurisdiction for the statutory counterpart to ORS 813.010 (DUII).

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  • How do get a court revocation changed to a suspension on my Oregon drivers license

    I was convicted for 3rd DUI in Oregon 2016 and have had my license to drive revoked. The 1st DUI was in 1975 in California the second in 2011 in Texas. I also have one arrest in 1976 for drunkeness but was not driving a vehicle. I plead guilty to ...

    Richard’s Answer

    It's pretty difficult (read: nigh impossible) without a lawyer to get all your ducks in a row to restore your driving privileges. You should hire an experienced DUII defender who knows how to petition for driving reinstatement. It wouldn't hurt if you hired a lawyer in the jurisdiction where the Oregon conviction took place -- if you can't find one willing to take this issue on, there are a few of us in the Portland area with some track record on these. Here is what you're looking at (a lawyer would handle much of this for you):

    January 1, 2004, marked the beginning of Oregon’s experiment with “lifetime license revocation” for a third DUII conviction. Some people are mistakenly told that it’s a “10-year suspension.” It’s not, it’s a lifetime revocation — with a possibility of petitioning for your license back after 10 years.

    It’s no easy row to hoe. In short, you must prove by clear and convincing evidence that you’re no longer a threat. Technically, that you are “rehabilitated,” completed treatment, and do “not pose a threat to the safety of the public.” ORS 809.235(4). It’s pretty tough to prove a negative. I think the best shot would be — with a good lawyer — showing that you’ve got 10 years of stable sobriety, an AA sponsor, and community and family connections who need you to drive. That’s an ideal candidate — but anyone with 10 years of fairly blameless history may have a shot. It’s also quite likely required (and a great selling point to the judge) to promise to install an Ignition Interlock Device (IID), see ORS 813.602(1)(c) (requiring IID “For a second or subsequent conviction, for two years after the ending date of the suspension or revocation caused by the conviction.”) (thanks to excellent DUII lawyer Bruce Tarbox for this tip). As lawyers we should be prepared to start marshaling evidence for these petitions now, and for contact from folks who have served ten years of a license revocation.

    ORS 809.235(2) provides some of the nuts and bolts:

    “(c) The district attorney of the county in which the person’s driving privileges were revoked shall be named and served as the respondent in the petition.
    (3) The court shall hold a hearing on a petition filed in accordance with subsection (2) of this section. In determining whether to grant the petition, the court shall consider:
    (a) The nature of the offense for which driving privileges were revoked.
    (b) The degree of violence involved in the offense.
    (c) Other criminal and relevant noncriminal behavior of the petitioner both before and after the conviction that resulted in the revocation.
    (d) The recommendation of the person’s parole officer, which shall be based in part on a psychological evaluation ordered by the court to determine whether the person is presently a threat to the safety of the public.
    (e) Any other relevant factors.
    (4) The court shall order a petitioner’s driving privileges restored if, after a hearing described in subsection (3) of this section, the court finds by clear and convincing evidence that the petitioner:
    (a) Is rehabilitated;
    (b) Does not pose a threat to the safety of the public; and
    (c) If the sentence for the crime for which the petitioner’s driving privileges were revoked required the petitioner to complete an alcohol or drug treatment program, has completed an alcohol or drug treatment program in a facility approved by the Director of the Oregon Health Authority or a similar program in another jurisdiction.
    (5) Upon receiving a court order to restore a person’s driving privileges, the department may reinstate driving privileges in accordance with ORS 809.390, except that the department may not reinstate driving privileges of any person whose privileges are revoked under this section until the person complies with future responsibility filings.”

    Please note that if you’ve been subsequently convicted of Driving While Revoked or Suspended (DWR/S) or any other motor vehicle crime, you must wait 10 years.

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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?

    Richard’s Answer

    The maximum is 18 months. To make it go that long, you'd have to ask for an extension at 11-months, explaining to the court why you hadn't finished all your Diversion require,nets within the usual 12 months. I've seen it happen -- if the divertee was unable to maintain sobriety during treatment. Also, some very unpleasant treatment providers (which good lawyers steer you away from) will keep you in treatment -- despite abstinence and all clean UAs -- if they don't like your "attitude." Talk to your lawyer!

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  • Oregon DUII conviction. Completed classes/treatment in Montana with referral from Oregon ADES. Now DMV problems.

    I was in Oregon temporarily. I was assigned an ADES evaluator. I eventually was able to get permission to complete DUII treatment in Montana. I checked with Oregon DMV and they had my ADES person call me. ADES then had me sign a release to gi...

    Richard’s Answer

    Contact your treatment provider and corral the proof that you successfully completed alcohol treatment (usually in the form of a Certificate of Completion. A letter documenting successful Oregon DUII Alcohol Treatment would also work). Have your treatment provider get that proof to Oregon DMV. That's all that needs to happen. If that can't happen for some reason, call your old lawyer and get the case back before your original judge to get an order that you made "sufficient steps" -- see below.

    DMV’s rules require proof of successful alcohol treatment before you can get your license back following a DUII conviction. There are a only a few, narrow exceptions: (1) it’s been more than 15 years; (2) a Circuit Court judge signs an order that says you made “sufficient steps” to complete treatment; or (3) it’s an out-of-state DUII conviction we’re talking about. The rule reads as follows:

    735-070-0085

    Proof of Treatment Completion Required for Reinstatement of DUII Suspension

    (1) Except as provided in section (3) of this rule, a person whose driving privileges are suspended due to a conviction in an Oregon court of driving under the influence of intoxicants (DUII) must provide as proof that the person completed a treatment program to which the person was referred under ORS 813.021, a DUII Treatment Completion Certificate (Certificate), DMV Form 735-6821. The Certificate must be completed by an authorized representative of an Oregon DUII treatment program approved by the Director of the Oregon Health Authority (OHA) or by an authorized representative of OHA on behalf of an Oregon DUII treatment provider or an out-of-state DUII treatment provider.

    (2) If the person has more than one suspension of driving privileges resulting from DUII convictions, the Certificate required under section (1) of this rule is sufficient for reinstatement of all DUII suspensions with arrest dates that were before the date treatment was completed. For purposes of this section, the Certificate must show the date treatment was completed.

    (3) If the person does not provide the proof described in section (1) of this rule, DMV will not reinstate driving privileges following a suspension for DUII unless:

    (a) The person submits an order from the circuit court of the county in which the person was convicted showing that the person has taken sufficient steps to satisfy the requirement under ORS 813.021 to complete a treatment program;

    (b) It has been 15 years or more since the person’s last DUII conviction in an Oregon court; or

    (c) The suspension of driving privileges resulted from a conviction in another jurisdiction for the statutory counterpart to ORS 813.010 (DUII).

    Stat. Auth.: ORS 184.616, 184.619, 802.010, ORS 809.380 OL 2012, Ch. 9
    Stats. Implemented: OL 2012, Ch. 9; OL 2013, Ch. 233
    Hist.: DMV 5-1994, f. & cert. ef. 7-21-94; DMV 4-2012(Temp), f. & cert. ef. 3-26-12 thru 9-21-12; DMV 10-2012, f. & cert. ef. 7-19-12; DMV 10-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13

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  • What are the odds of my 3rd duii from keeping me from driving for life if I enter into a program from Teen Challenge?

    I have had 2 duiis a couple weeks apart 9 years ago, is there any chance I will get a one year suspension.

    Richard’s Answer

    I had to Google "Teen Challenge" to discover it is a faith-based alcohol and drug treatment program. After an alcohol related arrest, it cannot hurt to get involved in treatment. I'd make sure the outpatient treatment provider was an Oregon-approved DUII treatment facility, however. I'll add that, if you're not a person of the "Teen Challenge" form of religion (I'm guessing: evangelical Christian), there are plenty of cognitive-behavioral treatment providers that won't be tied to faith-based programs. If that brand of Christianity works for you, and it's an Oregon DUII approved treatment program, great.

    My colleagues have made clear that there's really no discretion for a judge to give you anything but a Lifetime License Revocation if convicted of a third DUII in Oregon. That means you need a good lawyer to see if you have trial or Constitutional issues that might result in a dismissal or acquittal. As Mr. Kahn pointed out, you've got a short time-fuse to fight the Implied Consent suspension for failing or refusing a breath or urine test -- contact a DUII specialist now! We use those hearings to cross-examine the police and discover whether you've got a defense. You can't be a good judge of that, because you just don't know what to look for -- get a good DUII lawyer now!

    *Most of us meet with people for free and will give you a good idea of what you're looking at, and what your options are.

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