Doré Law Firm

Author: Blake Doré

  • Washington DOL Hearing Victory

    I recently represented a client in a Washington DOL Hearing (Department of Licensing) regarding whether his license could be suspended for allegedly failing a breath test.

    Following a car accident, my client was contacted by police. My client admitted drinking earlier in the evening but had stopped long ago. The officer did not smell any alcohol on my client but said that his eyes were droopy, red and watery. She arrested him for DUI.

    Upon arriving at the station, the officer prepared to do a breath test: she checked his mouth for any foreign objects; she waited the 15 minute waiting period required as part of the Washington State Toxicologist breath test protocol. She had my client blow into one BAC Datamaster breath test machines. It returned an “invalid sample” error. She turned to the second machine in the room and had him blow into that one. Subsequently, she charged him with DUI and asked Washington DOL to suspend his license.

    We requested a Washington DOL Hearing to challenge the validity of the license suspension. The Washington DOL Hearing Officer threw out the suspension because the officer failed to follow the court protocol.

    WAC 448-16-040 requires:“(4) In the event that the instrument records an “invalid sample” result at any point during the subject’s test, that subject’s test should be readministered, after again determining that the subject has no foreign substance in their mouth as outlined in WAC 448-16-040(1), and repeating the fifteen minute observation period.”

    The officer didn’t re-do the mouth check and didn’t repeat the fifteen minute observation period.

    The result? Client gets to continue driving without a pretrial suspension that would have resulted if we had lost his Washington DOL Hearing. Client may also be able to use the officer’s error to suppress the breath test in the criminal case as well.

    The moral? Police reports require a careful reading to catch the small errors that an officer may make. Those errors can yield big results.

  • Vancouver DUI Reduced to Negligent Driving

    Good Result on Vancouver DUI

    My client was charged with a DUI over .15% blood alcohol content. This case looked tough from the beginning, with allegations of a high BAC, allegations of an “overwhelming” odor of alcohol and a report detailing an extremely poor job on field sobriety tests. The original offer was to plead as charged and go to jail for 2 days.

    Initially, the State only turned over a written report. However, after reviewing it, it was obvious that there was also a video recording of the stop. After forcing the state to turn over the tape I discovered that 1) the first officer on the scene never smelled the odor of alcohol from my client; 2) the officers commented that she did an “amazing job” on field sobriety tests (despite writing up report to look like a terrible job); and 3) when client said she didn’t want to do field sobriety tests, officers made a veiled threat of arrest if she didn’t do them.

    The end result was a reduction from a high blow DUI to Negligent Driving 1. That means 3 years less probation, no further license suspension and avoiding a year of ignition interlock. That’s a great result for almost any Vancouver DUI!

  • Milwaukie Is (Finally) Fixing Photo Radar Problems

    Oregon Law is Clear About Warning Drivers of Photo Radar

    Oregon Law sets out the requirement for warnings signs at the borders of cities using photo radar:

    [quote align=”center” color=”#999999″]ORS 810.439(1) sets out the pertinent prerequisites to the issuance of a violation on the basis of photo radar camera: “Notwithstanding any other provision of law, in the jurisdictions using photo radar: a citation for speeding may be issued on the basis of photo radar if the following conditions are met: …  (D) Signs indicating that speeds are enforced by photo radar are posted, so far as is practicable, on all major routes entering the jurisdiction.”[/quote]

    For years I’d been making the argument that, because Milwaukie didn’t have signs posted on 17th or on Johnson Creek, they couldn’t use photo radar:

    Old Milwaukie on 17th
    Milwaukie’s Old Setup on 17th – No Warning Signs

    [quote align=”center” color=”#999999″]

    Here, the City is in violation of ORS 810.439 because no R10-18 signs are posted on Johnson Creek at the jurisdictional boundary where that route enters the city. Johnson Creek is a major route entering the jurisdiction of Milwaukie. There are no R10-18 signs posted on Johnson Creek at the jurisdictional boundaries. This is a clear violation of ORS 810.436.

    The City may argue that placement of a signs elsewhere in the area is sufficient to meet the requirements of ORS 810.439. The City would be incorrect. ORS 810.439 requires warning signs at all points where a major route enters a jurisdiction using photo radar. The City’s compliance with ORS 810.439 is binary: it either is or is not in full compliance. Here, it is not in compliance.

    [/quote]

    The City Is Installing Proper Signs

    Milwaukie is now going through the process of installing proper signs. There are warning signs on Se McLoughin, SE 17th and, finally, on Johnson Creek. That’s a lot of the “major routes” entering town. Is it all of them? If not, this argument may still be alive and well. Contact me if you know of a “major route” entering Milwaukie that doesn’t have the proper signs.

    photo 1
    Milwaukie’s New Setup on 17th – Tiny “Traffic Laws Photo Enforced” Warning Sign in the Distance

     

     

    It’s Still Worth Fighting Milwaukie Photo Radar Tickets

    Just because milwaukie is finally getting in compliance with the Oregon legislature’s rules about photo radar doesn’t mean the tickets aren’t worth fighting. There are still plenty of issues to be raised: jurisdiction, if the speed limit being enforced is the actual speed limit and, like in recent case, the City may not prove all the elements of the violation.

    Contact me today to discuss your case. I offer a phone or in-office consultation. Let’s see what we can do to keep your ticket off your record.

     

  • Highway 30 Speeding Tickets – Linnton and Sauvie Island

    Pumpkin Time – Not Speeding Ticket Time!

    It’s almost Halloween and that means it’s time to head out to the pumpkin patches on Sauvie Island. We took the fam out there this weekend and I couldn’t help but notice that the speed limit was all over the place and drivers were flying down the road.

    Highway 30 is a tricky spot for drivers and is heavily trafficked by the Portland Police. Hwy 30 is a good place for them to catch speeders because, although it feels like an open highway – wide, flat, straight – it is most definitely not.

    Highway 30 Speed Limits Are All Over the Place
    Highway 30 Speed Limits Are All Over the Place

    Down on Yeon Ave. (by all the warehouses and trains) the speed limit is 40. Then it goes up 45 and drops all the way down to 35 in the Linnton neighborhood before picking up again.

    Keep one eye on your speedometer and the other one looking out laser-wielding traffic police!

    Got a Speeding Ticket? Keep It Off Your Record.

    Speeding tickets seem annoying but fairly harmless. Don’t be fooled. Aside from increased insurance costs, tickets can cost you your license.

    In Oregon, 3 tickets in 18 months will prevent you from driving midnight to 5am. 4 tickets in 24 months will suspend your license for a month.

    What to do? Contact me today for a consultation on your case. Let’s put your best foot forward and work together to keep this ticket off your record.

     

  • Pass the Attitude Test When You Get a Traffic Ticket

    Stopped for a Traffic Ticket? Time to Pass the Attitude Test.Cop in Rearview

    You had to pass a driving test to get your license. If you have really bad luck, you may have to pass a sobriety test. But every time you get stopped by the police, it’s time for the attitude test.

    What is the Attitude Test for Traffic Tickets?

    The attitude test is given by the officer and is completely subjective. It’s all about how the two of you interact. If you come across as a jerk, you fail. If you come across as friendly, you pass. Neutral – you probably pass. You just don’t want to stand out in the officer’s mind as a jerk.

    What does failure look like? Being smug; disrespectful (mentioning “pigs” or “bacon” usually equals a fail); yelling; swearing; reminding the officer that you “pay their salary;” pulling over a spot that is obviously unsafe for someone to be on the shoulder (like in a gore point).

    What does passing look like? None of the above, obviously. Being polite; not arguing the ticket. Does that sound like rolling over or knuckling under? Could be – but you’re better off not taking the chance that your objection be taken the wrong way or that you say something that will be used against you later. Then we can fight the allegations in court.

    Passing the Attitude Test Can Determine Your Fate.

    If you fail the attitude test, you could get tons of tickets dropped on your head from that one traffic stop. Why? Because most us can violate a few traffic laws all at the same time – speeding, not signaling 100 feet before a lane change and then making a u-turn. Oops. Passing the test will usually get you one ticket plus some warnings – or if you’re very lucky, warnings all around.

    The attitude test also comes back into play in court. How? The officer will have taken notes about your traffic stop. My stomach always drops when I see the officer has written that my client was “a jerk” or “yelled throughout,” etc.

    Passing the Attitude Test Can Be Tough.

    It can be hard to pass the attitude test. Many officers are friendly out on the street. Some aren’t so friendly. However, a lot of those “unfriendly” officers are acting, in my opinion, out of a desire to control the situation. They don’t know if you’re an average joe or someone that might want to hurt them – consequently, they take control through a brusque attitude. It doesn’t work well as customer service for average joe but probably makes the other guys think twice. A lot these officers, by the way, are some of the nicest folks you’ll meet when they’re not pulling you over.

    What Can You Do if The Officer Treats You Poorly?

    You have some options if you feel an officer that stopped you on the road treated you poorly. First, write down everything that happened. Second, after your case is done, file a complaint. (Filing a complaint while your case is pending is a bad idea for obvious reasons.) At worst, you may feel better. At best, if the officer really is mistreating people on the road (and this wasn’t just one bad interaction), he or she may get enough feedback to take a second look at how their work methods are affecting the people they pull over.

    Finally, turn in your survey. According to a report by OPB, Portland Police are participating in a national survey that is “focus[ing] … on the quality of the encounters people have with police and on peoples’ perceptions of the police department.” Bad results should catch the eye of PPB brass and maybe bring about a kinder, gentler traffic stop.

    But What About My Ticket if I Fail the Attitude Test?

    Best thing to do: Get an attorney. A traffic ticket attorney can defuse any leftover ill will by acting as a go-between for you and the officer. A traffic ticket attorney can also appear on your behalf so there’s smaller chance that the officer will recognize your face and have that bad interaction come back to them. I’ve been able to smooth many a ruffled feather by explaining my client’s situation that led to the failure of the attitude.

    If you’ve got a traffic ticket – especially one where you’re worried you failed the attitude test – give me a call.

  • What to Expect at Your First Court Date

    Getting Charged with a Crime is Scary.

    The uncertainty of your situation You were arrested or given a ticket with a court date. You don’t know what’s going to happen or how everything will turn out.

    Your First Court Date Doesn’t Have to Be.

    Your first court date will be when the court will formally tell you the charges, accept your plea and give you future court dates. If you’re out of custody now, and don’t seem like a flight risk, you’ll probably be left out of custody. If you were booked and released (or bailed out) the judge will remind you to follow your conditions of release. The judge could also tell you new conditions you’ll have to obey.

    To Do at Your First Court Date:

    Get a lawyer. A lawyer is crucial when your future is at stake. If you can’t hire a lawyer, one can be appointed to you at your first hearing.

    Plead not guilty. That will buy you time to talk to your attorney, work out a favorable deal (or potentially diversion that would result in dismissal) or complete a civil compromise (where you pay for the other party’s loss and then request a dismissal by the court).

    Dress as if this were a job interview. You want the judge to think of you as reliable. You also want to show the judge you respect the court because, if you respect the court, you’re more likely to follow its orders.

    What Not to Do at Your First Court Date:

    Try to tell your story to the judge or bargain with the judge. This isn’t the time for that and the judge doesn’t have the power to dismiss the case no matter how great your story is.

    Talk to the prosecutor without your attorney. (Or, if you do, don’t admit to anything.)

    Be late.

    Do You Have a First Court Date Coming Up?

    Having an attorney on your case can make your first court date a lot less scary, go more quickly and – depending on the where you have to go to court – you may not need to go to court at all. Contact me for a confidential consultation.

  • Top Traffic Tickets: Illegal U-Turn Ticket

    One of the stranger Oregon traffic laws is the Illegal U-Turn Ticket. In other places, you can do U-turns willy-nilly. Take No UTurnWashington, for example: “The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction unless such movement can be made in safety and without interfering with other traffic.” U-turns allowed unless they’re unsafe or interfere with other traffic.

    Not so under Oregon’s U-turn law. Many intersections have No U-turn signs… and others don’t. Unfortunately, that doesn’t mean you can turn at all of those unsigned intersections.

    You Can Do U-Turns in Oregon – But Do It Right to Avoid an Illegal U-Turn Ticket.

    You’ll get an illegal u-turn ticket if you do a u-turn at any intersection that has a traffic light – unless a sign says you can.

    You’ll get an illegal u-turn ticket if you do a u-turn between intersections in a city.

    You’ll get an illegal u-turn ticket if you do a u-turn any place where your vehicle can’t be seen for 500 feet in each direction in a city (that’s generally 2.5 city blocks in Portland or almost the length of 2 football fields) or 1000 feet (over 3 football fields) in each direction outside a city.

    Where Can You Do a U-turn and Not Get an Illegal U-turn Ticket?

    In a city:

    • At an intersection with a traffic light and a u-turn allowed sign.
    • At an intersection without a traffic light if there is 500 feet of visibility in front and behind your vehicle.

     

    Outside of a city:

    • At an intersection with a traffic light and a u-turn allowed sign.
    • Anywhere else where there is 1000 feet of visibility in front and behind your vehicle.

    What Should You do if You Get an Illegal U-turn Ticket?

    Make a note of where you are, the type of signs the intersection has, where the officer was when he saw the alleged u-turn and how much visibility there was in each direction.

    Your best bet for keeping it off your driving record is working with an experienced traffic ticket attorney, like me. Contact me for a confidential consultation.

     

  • Top Traffic Tickets: The Turn Signal Ticket

    I get a lot of phone calls about turn signal tickets. The complaint I hear from people is that the police stopped them and gave
    them a turn signal ticket  – even though they used their turn signal!

    Unfortunately, Oregon law is a bit tricky about those signals. You have to use them at the right time and in the right place.Turn signs

    When do You Have to Use Your Signal to Avoid a Turn Signal Ticket?

    There are actually three statutes that control when you have to use your turn signal in a car or truck (there’s another one for turns on bikes and another for turns on motor assisted scooters. Turning is a big deal in Oregon.

    Turning Left or Right: ORS 811.335 will earn you a turn signal ticket if you don’t use your signal on a highway before turning the vehicle left or right when the movement can’t be done with safety OR you signal for less than  100 feet traveled.

    The 100 foot requirement is very strict.

    In State v. Bea, 318 Or 220 (1993), the Oregon Supreme Court held that the 100 foot requirement applies even where the turn made is the only available option. In Bea, the car turned at an L-shaped intersection without signaling. Even though the car had to turn, it was a traffic violation to not signal 100 feet beforehand.

    In State v. Arthur, 158 Or App 62 (1999), the Court of Appeals held that the 100-foot requirement applies even if there is an intervening stop – i.e. you can’t turn your signal on at the stop sign. It even applies, the court said, if you pull onto a highway and immediately make another turn where it is impossible to drive 100 feet. The court said you might have an impossibility defense but it would still technically be a violation of the statute.

    Changing Lanes:  ORS 811.375 will earn you a turn signal ticket if you don’t use your signal before “changing lanes by moving right or left upon the highway” when the movement can’t be done with safety OR you signal for less than  100 feet traveled.

    The 100 foot requirement can be tricky. At 60 mph, that’s 1.14 seconds of signal. At 30 mph, 2.28 seconds of signal. Crawling in traffic at 5 mph, that’s 13.68 seconds of signal before changing lane.

    The same strictness about the 100-foot requirement probably applies here, too.

    In a Roundabout: ORS 811.400 will you earn you a turn signal ticket if you don’t use a signal before changing lanes or to exit “from any position within a roundabout.” Oddly, this violation is a Class B traffic violation (the second-most serious type) whereas the other two  are Class D violations (the least serious).

    What Can You do to Avoid a Turn Signal Ticket?

    Signal, Signal, Signal. Signal before changing lanes, turning at corners, in a roundabout and entering the road.

    Signal early, Signal often. 100 feet can be further than you think. Put your signal on well before you plan to make your move. If you spot a police car nearby, make a note of where you put the signal on. I’ve seen people win their cases by testifying that the saw the police car, made a special note of it and made a special note of where they turned on the signal.

    Signal each move. It’s not part of the statute that you have to signal each lane change separately – just that you have to signal for 100 feet before moving left or right – but most police officers interpret it that way and some will give you a ticket for each lane change that wasn’t properly signaled. You might be able to beat it in court… but why run the risk of picking up the ticket?

    Signal even if you’re not sure that you’re going to turn. You can’t be dinged for having your signal on and changing your mind.

    What Should You do if You Get a Turn Signal Ticket?

    Did you get a turn signal ticket? Your best bet for keeping it off your driving record is working with an experienced traffic ticket attorney, like me. Contact me for a confidential consultation.

  • Top Traffic Tickets: Failing to Stop for the School Bus Ticket

    There are tons of ways to get traffic tickets – the Rules of the Road for Drivers is chock full of them. One of the top ways to get Kids getting on a school busa ticket, especially now that school is back in session, is not stopping for the school bus.

    When Do You Have to Stop for the School Bus?

    Under ORS 811.155, a driver must stop for a school bus if:

    • The driver approaches a bus;
      • The bus has to be a school bus (that says “school bus” on it), a worker transport bus or a bus for a religious organization that’s transporting children. The Blitz Bus doesn’t count!
    • The bus is stopped on a roadway;
      • Roadway means ” the portion of a highway that is improved, designed or ordinarily used for vehicular travel.
    • The bus is using flashing red “bus safety lights.”
      • That’s the fancy way of saying a pair of alternately flashing red lights on the front and back of the bus.

    When Do You Not Have to Stop for the School Bus?

    You don’t have to stop for a school bus if:

    • It is stopped on the shoulder of the highway – that’s not part of the roadway.
    • The bus is on a separate roadway – like a highway where the two directions of travel are separated by a grassy median.
      • Just having a center turn lane or paved median isn’t good enough – it has to be a completely different body of pavement.
    • It’s doing anything other than flashing red lights.

    What Should You Do if You get a School Bus Ticket?

    First, at the side of the road, don’t discuss the matter with the police officer. Anything you say can (and will) be used against you in court. You probably won’t be able to talk your way out of the ticket.

    Second, take note of where the bus was, where you were when the bus safety lights turned on and if there was anything that prevented you from seeing the lights or stopping in a safe manner.

    Third, plead not guilty. A school bus ticket – more formally “Failing to Stop for Bus Safety Lights” – is a Class A traffic violation. The default fine is $435.00 but can range from $220.00 to $2000.00.

    Finally, get some help with the case. This is the kind of ticket that police officers are reluctant to dismiss. As an experienced Oregon traffic attorney, I can help you build a defense and help you put your best foot forward in negotiating a good resolution to your case. Contact me for a consultation so we can get to work on your case.

  • Is It Worth It To Go to Court On An Oregon Traffic Ticket?

    Yes, It Is Worth It To Go To Court!

    I often get the question of whether it is worth it to go to court on an Oregon traffic ticket.

    The answer is almost always a resounding “Yes!” But, as you’ll see, you get the best chance of winning if you work with an attorney rather than going it solo.

    Your Options for Dealing with an Oregon Traffic Ticket

    With an Oregon traffic ticket, you generally have five options. Four of the options are listed on the ticket:

    [column col=”1/3″]Option #1[/column]

    [column col=”1/3″]Plead no contest (guilty) and pay the fine.[/column]
    [column col=”1/3″]This is one of the worst options. This option will have you paying the most and having no chance to keep the ticket off your record. The benefit to this option is that it takes the least amount of time and effort. However, beware of any potential suspensions or insurance issues.[/column]

    [column col=”1/3″]Option #2[/column]
    [column col=”1/3″]Plead no contest (guilty) and send a letter of explanation.[/column]
    [column col=”1/3″]This is slightly better than option #1 but is still one of the worst options. Sending a letter of explanation will usually result in your fine being cut in half. This option will save you a little bit of money but the ticket will still go on your record. Any explanation contesting the ticket will be ignored because you will have already plead no contest. The benefit to this option is that it saves some money and takes very little time. However, beware of any potential suspensions or insurance issues.[/column]

    [column col=”1/3″]Option #3[/column]
    [column col=”1/3″]Plead not guilty and request a trial.[/column]
    [column col=”1/3″]This is a good option. By requesting a trial, you get an opportunity to negotiate with the officer and potentially get your charged reduced or dismissed. You can also have a trial where the officer will have to prove the charge by a “preponderance of the evidence” – that means “more likely than not” or about 51%. Because of the reduced burden of proof, it can be very difficult for a person to win their own trial.

    The benefit to this option is that it gives you the best chance to negotiate a favorable resolution on your own. The negative is that negotiations on your own will probably just be about how much to pay and appearing in court is time consuming and expensive if you have to take time off work. [/column]

    [column col=”1/3″]Option #4[/column]

    [column col=”1/3″]Plead not guilty and request a “trial by affidavit.”[/column]
    [column col=”1/3”]This is not a good option. By requesting a trial, you’re contesting the charges against you. In a trial by affidavit, your written sworn testimony is presented to the judge as your side of the story. The officer will be present in court and will have the opportunity to testify. You will, unfortunately, have given up your chance to negotiate and to cross-examine the officer. Pieces of paper will lose to live testimony every time. I have yet to see a defendant win a trial by affidavit.[/column]

    Option #5: Hire an Attorney

    This is the best option. I will be able to take care of your first court date for you (saving you the several hours it can take to

    People Standing Line for Traffic Court
    Skip the Line – Hire Me to Handle Your Case

    see the arraignment judge. For many tickets, I can appear on your behalf – while you stay at work or take care of other obligations – and negotiate a resolution or represent you during the trial. An attorney will catch many of the technical details that will slip by a non-attorney and will know how to present evidence in an admissible way.

    Your best option to win a traffic ticket is with an attorney. Look over my previous case results and Contact me today to chat about your case and see how I can help.