Category: Practice Areas

A DUI Conviction Will Suspend Your License

Getting charged with a DUI is embarrassing. You might have to do a brief stint in jail. One of the longest lasting consequences is that a DUI conviction in another state will suspend your license.

As discussed in my previous post, A DUI in Another State is the Worst of All Worlds, there are two ways to lose your license from a DUI: the administrative track (through a DOL or DMV suspension) or following a conviction.

The Conviction Track

In Oregon and Washington you will lose your license if you’re convicted of a DUI. Both states have different lengths of suspensions that depend on the severity of the charge and your criminal history.

Oregon License Suspension After a DUII

After a DUII conviction in Oregon, the DMV will suspend your license. The length of the suspension will depend on your criminal history.

1st DUII	One Year Suspension	0-day wait for hardship permit
2nd DUII	Three Year Suspension	90-day wait for hardship permit
3rd/Felony DUII	Permanent Revocation*	No hardship permit

*Can petition the court to return driving privileges after 10 years.

Washington License Suspension After a DUI

After a DUII conviction in Oregon, the DOL will suspend your license. The length of the suspension will depend on your criminal history and the severity of the offense.

Blood Alcohol Content .08% – .15%
No Prior	90-day Suspension	Ignition Interlock License*
1 Prior	2-year Revocation	Ignition Interlock License*
2 or 3 Priors	3-year Revocation	Ignition Interlock License*
Blood Alcohol Content > .15% or Refused Test
No Prior	1-year revocation, 2 if refused	Ignition Interlock License*
1 Prior	900-day revocation, 3-year if refused	Ignition Interlock License*
2 or 3 Priors	4-year Revocation	Ignition Interlock License*

The ignition interlock license allows anyone with a Washington license to continue to drive so long as they have:

-Proof of a functioning Ignition Interlock
SR-22 Insurance
-$100 fee to DOL
$20 monthly fee plus monthly lease on the IID

The IIL lasts for a minimum of one year and runs through the length of any longer suspension or revocation. The court can order an IIL for up to five years.

DUI in Another State

Oregon and Washington will suspend the licenses of out-of-state drivers that get convicted of a DUI. Thankfully, the law in both states says you should be able to get a IIL (Washington law specifically allows an IIL for out-of-state convictions) or hardship permit (Oregon says your suspension should be treated as if the conviction happened in Oregon).

In practice, DOL and DMV don’t always follow these rules. They sometimes refuse to issue the alternative licenses. In those cases, you need legal help to enforce your rights.
f you’re an out-of-state driver, you have to fight the suspension. Otherwise, you’re in for a long time without any driving. You need an attorney that knows the law, how it interacts between the states and that will help you through the process. Give us a call so we can get to work on your case.

April 30, 2013

Disorderly Conduct in Oregon: The Basics

Even the rich and famous run into trouble with the law, as evidenced by Reese Witherspoon’s recent arrest for Disorderly Conduct. What is Disorderly Conduct, and what kind of trouble can it cause for a person in Oregon? Read on…

Disorderly Conduct is Causing Public Alarm

In short, the crime of Disorderly Conduct is causing some sort of alarm or inconvenience in public. There are a variety of ways that a person can be accused of Disorderly Conduct: by fighting, by engaging in threatening or tumultuous behavior, by being too loud, by disturbing a gathering of others without cause, by blocking a roadway or sidewalk, by gathering and then refusing to leave when lawfully ordered by the police, by creating a dangerous or offensive condition, or spreading a false story regarding a fire, crime, or other serious condition. Many of these things are illegal only because they are done in public, or else done to cause alarm to the public.

Disorderly Conduct is Often Charged with Other Crimes

Disorderly Conduct can be the only thing that a person is charged with after being arrested, as was the case with Reese Witherspoon. Often it is charged along with other crimes. If someone is in a public fight, they could easily be charged with some form of assault and harassment along with Disorderly Conduct. If someone lies to the police about being the victim of a crime, they can be charged with Disorderly Conduct along with the charge of Filing a False Police Report. And if a person physically refuses to leave a public gathering after a cop lawfully tells them to, they could easily end up with Resisting Arrest charges along with Disorderly Conduct.

Disorderly Conduct Can be Serious

Most charges of Disorderly Conduct are Oregon are charged in the Second Degree and are B Misdemeanors. This means that they carry a maximum of 6 months in jail and/or a fine of $2,500, though more likely a person convicted of Disorderly Conduct in the Second Degree would start out with probation. Depending on the circumstances of the arrest, they may be ordered to undergo anger management or some type of substance abuse treatment. Disorderly Conduct in the First Degree is usually an A Misdemeanor so is more serious; it carries up to 1 year in jail and/or a fine of $6,250. If the person doesn’t have a criminal history, however, then again they could expect to be given a chance to succeed on probation prior to any jail time. Disorderly Conduct is charged in the First Degree if it involves a false report of a danger (such as a fire, explosion, or hazardous substance) at a school. First Degree Disorderly Conduct can also be brought up to a C Felony if the person has already been convicted of the same crime before. The felony is very serious, carries up to 5 years prison and/or a fine of $125,000, and could lead to substantial jail or prison time depending on the person’s criminal history.

You Can Fight Disorderly Conduct Charges

As with any criminal charges, it is important to speak to an experienced criminal attorney if you find yourself arrested for Disorderly Conduct. Depending on the facts of your individual case, you could fight the charge in a variety of ways. Because Disorderly Conduct involves actions in public, there are times when the charges can be fought because of violation of First Amendment Rights. If you are charged with Disorderly Conduct in Oregon, be sure to discuss your case thoroughly with an experienced criminal defense attorney before making any decisions.

April 30, 2013
Felony Conviction Sentences and Consequences

A conviction for a felony is a very serious thing. Whether the conviction comes from a plea or a guilty verdict at trial, there are many consequences in addition to the sentence that a person should be aware of before making any decisions regarding their case.

The Sentence Depends on the Crime and Criminal History

The first question a person facing a felony should ask is what the sentence for the crime will be. In Oregon, felony sentencing is determined according to a grid based on the crime and the person’s criminal history. Some crimes have “presumed probation,” meaning that the sentence will most likely be probation with minimal jail time up front. Some crimes have a presumed prison sentence. It is always important to know a person’s full criminal history before determining a sentence, as prior convictions can make a sentence far worse.

Additional Factors in Imposing a Sentence

There are several other factors that can determine a person’s sentence. There are certain “departure factors” that can either make the sentence better or worse. The mitigating factors, or things that can reduce a sentence, include having a victim that was the aggressor, issues with mental capacity, playing a minor role in the crime, cooperating with the state in other investigations, and other things. The aggravating factors, or things that can make a sentence worse, include deliberate cruelty, permanent injury to the victim, multiple victims, and other things. In addition to the usual sentencing grid, many crimes carry a “mandatory minimum sentence.” This means that the judge must impose a specific, often harsh, penalty no matter what the circumstances of the crime are. The most violent crimes carry minimum sentences under Measure 11. If a person is convicted of more than one property crime, then they could be subject to a mandatory sentence under Measure 57. It is important to know if there is a mandatory minimum sentence prior to entering a guilty plea or going to trial.

Other Consequences Outside of the Sentence

Getting convicted of a felony involves more than just the sentence. In Oregon, felons lose their right to vote during the time that they are incarcerated; in other states, being a felon could mean losing your right to vote permanently. In Oregon a person cannot serve on a criminal jury if they have been convicted of a felony within the last 15 years. Unless you get a conviction expunged, the conviction means that you will carry the label of “felon” for the rest of your life. Being a felon means that a person will no long be able to receive public benefits (like welfare), will not be able to get public housing, and will likely face issues getting a job. There are also immigration issues for most convictions, so if a person is not a US citizen they could face deportation. Before making any decisions, be sure to speak to an attorney to discuss all of the consequences of a conviction, not just the immediate sentence.

April 25, 2013
A DUI in Another State is the Worst of All Worlds

A DUI in Another State is the Worst of All Worlds

Getting a DUI in your home state is tough. It’s scary and stressful. Sometimes there’s jail or treatment involved. You almost always get a suspended license when you’re simply charged with a DUI. Getting a DUI in another state is even worse.

Two Ways to Lose Your License

There are two ways to lose your license when charged with a DUI. First, the Administrative Track. Second, the Conviction Track.

Administrative Track

In Oregon and Washington, everyone who drives a car on a public road gives their “implied consent” to do a breath test. That means, for legal purposes, you’ve already agreed to take the test. Whether or not you actually take the test is up to you but your license can be suspended for refusing to take a breath test or taking one and blowing over the legal limit of .08%.

Oregon: Morgan already did a great job covering this in her article Should I Take the Breath Test if Arrested for Oregon DUII?: “First, if you fail the breath test, meaning you blow at 0.08% BAC or higher, then your license will be suspended for 90 days. Second, the results of the breath test can then be used against you at any trial for the DUII charge. … If you refuse the test, you will automatically get a one-year drivers license suspension that will start 30 days after the arrest. If you have been convicted of a DUII in the last five years and refuse to take the test, the suspension will be for three years.”

Washington has a two-tiered system:

For BAC over .08% (.02% for minors): 90 days If it’s your first in 7 years. 2 year revocation if second or more in 7 years. For minors, one year or until 21, whichever is longer.

For a refusal: 1 year revocation if first refusal within 7 years and no prior suspensions for a high breath test. 2 year revocation if second or more refusal or first refusal with a prior high breath test suspension. (For minors, 2 years or until 21, whichever is longer.)

Fighting the Suspension: In both states, you can ask for an administrative hearing. Time is important! You must request your hearing within 10 days of arrest in Oregon and within 20 days of arrest in Washington. If you don’t request a hearing (or if you don’t win the hearing) the suspension will go into effect.

Bad Results

It is very difficult for an out-of-state driver to continue driving during a suspension on the Administrative Track.

Oregon: An Oregon driver, charged in Oregon, can apply for a hardship license. A hardship license – after a 30-day waiting period – will let you drive to, from or for work or school. A driver getting a DUI administrative suspension in another state will not qualify for a hardship permit because they do not have an Oregon license. The Oregon suspension will run its normal course and your home state will suspend your license and, as Washington does, refuse to reinstate until Oregon clears the suspension.

Washington: A Washington driver, charged in Washington, can apply for the ignition interlock license, or IIL. An IIL – with no waiting period – will let you drive any vehicle with an ignition interlock device installed (and some without if for employment purposes, with your employer’s consent). A driver getting a DUI administrative suspension in another state will not qualify for an IIL because they do not have a Washington license. The Washington suspension will run its normal course and your home state will suspend your license and, as Washington does, refuse to reinstate until Washington clears the suspension.

The result in both states is at least 3 months without a license.

What to do?

If you’re an out-of-state driver, you have to fight the suspension. Otherwise, you’re in for a long time without any driving. You need an attorney that knows the law, how it interacts between the states and that will help you through the process. Give us a call so we can get to work on your case.

Next time, the Conviction Track.

April 24, 2013
DUII Investigations in Oregon – What to Expect

Driving Under the Influence of Intoxicants, or DUII, is a serious charge. Unlike many other crimes, DUII arrests are common for all people in society. Most crimes require some kind of intent to break the law, but DUII is a “strict liability crime” where it doesn’t matter what the person was thinking: if the person was drunk while driving, they can be arrested and convicted of DUII.

DUII Starts with Driving

Most DUII arrests start with a person getting pulled over by the police while driving. Some folks have already made it home when the police contact them, or are in a car that isn’t moving, but most people are actually driving when the police first start talking to them. Most DUII drivers are pulled over for minor traffic infractions or signs of bad driving, like not staying within the lane or not using a turn signal. Some DUII drivers are caught after an accident, whether caused by the DUII driver or not.

Signs of DUII

Once the police start talking to the suspected DUII driver, it is often the smell of alcohol that first alerts the officer that the person may be DUII. The police will also look for classic signs of intoxication, such as bloodshot/watery eyes, slurred speech, difficulty with simple tasks (such as getting out a driver’s license), and inability to maintain balance. If the officer suspects DUII, he or she will ask the driver to perform Field Sobriety Tests (FST’s).

Field Sobriety Tests to Determine DUII

The most common FST’s are the walk-and-turn, the HGN (Horizontal Gaze Nystagmus), and the one-leg-stand. The HGN involves following an object (usually a finger or a pen) from side to side so that the officer can watch the person’s eyes to see if they move in a certain way. The walk-and-turn and one-leg-stand are both designed to test the person’s balance and coordination as well as the person’s ability to follow directions while completing tasks. There is no “pass” or “fail” for these tests; rather, there is a series of “clues” that the officer looks for to decide whether there is probable cause to arrest the person for DUII.

Breathalyzer to Confirm DUII

If arrested for DUII, the next step is usually to take the person to a police station and to ask them to perform a Breathalyzer test to determine how much alcohol is in the person’s system. Please see our other post here for information on refusing to take the Breathalyzer test when requested. In Oregon, a person is considered DUII if the Breathalyzer comes back at 0.08% BAC or higher, but a person can be arrested if they blow below at 0.08% BAC if the officer believes they were still impaired. If the test is under a 0.08%, the officer may request a Drug Recognition Expert (DRE) to perform additional testing to determine whether the person is under the influence of something other than alcohol. If the DRE believes the person is high on something other than alcohol, then the person will be asked to provide a urine sample to determine whether the other substance is present in that person’s system.

DUII Investigations Must be Done Right

While DUII arrests are common, the procedure for investigating a DUII is very scientific and requires the officer to follow the steps exactly. If any of the steps is done incorrectly, from not having a good reason to pull someone over to not doing the Breathalyzer right, then the entire case could be dismissed at trial. If you or someone you know has been arrested for DUII, it’s best to speak to an experienced DUII attorney about the specific facts of the arrest to determine how best to handle the charges.

April 16, 2013
Big Changes May be Coming to Oregon Cell Phone Tickets

Oregon Cell Phone Tickets

Oregon Cell phone tickets, or Oregon mobile communication device tickets, are a class D violation under ORS 811.507. You can get a cell phone ticket if you drive a motor vehicle on a highway and use a cell phone to make calls or text without a hands free device, like a Bluetooth headset, or a hands free mode.

Defenses

There are a few defenses to Oregon cell phone tickets such turning the phone on or off or “activating a function.” Unfortunately, “activating a function” isn’t defined in the statute but I read it as allowing you turn apps on or off, dial the phone, or set a GPS destination. Unfortunately, that open interpretation also allows a judge a lot of leeway in deciding whether you were activating a function or not. Fortunately, the way the statute is written makes it look like the officer has to prove that you weren’t just activating a function.
You can also use a cell phone in the scope of employment if using a function of the cellphone that only allows for one way voice communication. Unfortunately, it’s totally unclear what that means.

Big Changes on the Horizon for Oregon Cell Phone Tickets

The Oregon legislature is considering some big changes to Oregon cell phone tickets right now that you should be aware of.

Senate Bill 9 would raise the price of a cell phone ticket to a presumptive fine of $260.00 (and a maximum of $1,000) if you’re caught texting without a hands free accessory. Talking on the phone stays at $160.00.

House Bill 2790 would the price of any cell phone ticket to $435.00 with a maximum of $2000.00. Yikes.

Senate Bill 294 would make it legal for taxicab drivers to hold cellphones so long as its only “one way voice communication.” The Oregonian is reporting the bill as allowing taxi cab drivers to talk on cellphones while driving. Unfortunately, the law itself isn’t so clear. it doesn’t say what “one way voice communication” means and most cell phones do two-way voice communication. Any cabbie talking on the phone – if it was a two-way call – could still get a cell phone ticket.

Unfortunately, SB 294 does nothing to clear up how exactly cabbies or other people using a phone for work communication can use the phone. One way voice communication seems to mean something like the old Nextel systems – Push-to-Talk software – that’s now available in some apps like Voxer or Zello.

Until that definition is cleared up, my recommendation is to just get and use a Bluetooth headset. It’ll save you a headache – and some wallet ache in the future.

April 15, 2013
Where to Park at Clackamas County Courthouse?

Trying to Park at Clackamas County Courthouse Can Be Tough. Watch out for Parking Tickets!

It can be hard to Park at Clackamas County Courthouse in located at 807 Main St, Oregon City, Oregon is always hard to find. It’s a busy place – filled with people there for criminal cases, divorces and jury duty. Parking was particularly bad during the Arch Bridge construction. Thankfully that’s ended but it is still hard to find a spot and easy to get parking tickets.

Oregon City has added a lot of parking on Main St using the new parking meter that accepts credit cards but those are still at a premium. There are few spots on the side streets that have coin meters but those are usually short term parking.

What should you do if you’re going to court?

I have three favorite places to park at Clackamas County Courthouse. I may be ruining it for myself but you should check them out, too. Click the pictures for a bigger view.

Short Term

My favorite short term spot that is almost always open is the metered spots right in front of McMenamins Oregon City at McLoughlin and 9th.

Coin Long Term

My favorite long term parking spots at Clackamas County Courthouse are across McLoughlin/99 (at 8th) are almost always open. The meters are coin-op only – so bring some quarters – but you won’t have to run out and feed the meter all the time.

Free Long Term Parking

If you want free parking, head down Main st to 14th by the Subaru dealership. Spots there are free for four hours. It’s a bit of walk to the courthouse but it does the job when you don’t have any way to pay for parking.

Free parking is almost nonexistent in downtown Oregon City around the Clackamas County Courthouse but you may be able to find some if you go even further down main to 15th & Main – there are a few spots on the north side of Main with no time limit.

Hopefully you find this information helpful. You can also check out Oregon City’s Parking Zone Map for more info.

Don’t steal my spot and remember to keep track of how long you have left on your meter. And if you get a ticket… give us a call!

April 10, 2013
Diversion Can Be a Good Option for Oregon DUII Charges

Driving Under the Influence of Intoxicants, or DUII, is taken seriously in Oregon. Unlike many traffic-related crimes, it carries strict penalties and can have lifelong affects. For people pulled over for DUII for the first time, however, there is an option called Diversion. Diversion can help avoid many of the harsh penalties that come with a DUII conviction. Diversion is a one-year program that requires participation in alcohol treatment, fees of a few hundred dollars, attendance at a Victims Impact Panel, and installation of a Ignition Interlock Device (IID) in any car that will be driven during the Diversion period.

Who Is Eligible for Diversion?

Diversion is an opportunity for someone arrested for DUII for the first time to complete treatment in order to avoid a conviction. To qualify for Diversion, the person must not have had any convictions for DUII (in Oregon or elsewhere) for the last 15 years. The person also can’t have done court-ordered alcohol or drug treatment for the last 15 years. The person also cannot hold a CDL (commercial drivers license) or have been driving a commercial vehicle at the time of the drunk driving. Finally, to qualify for Diversion there can’t have been any assaults or injuries as a result of the DUII arrest. There are some other factors that may keep a person out of Diversion, though a good attorney can fight against these. It’s important to speak to an experienced DUII attorney to determine whether you will qualify for Diversion.

What Are the Benefits of Diversion?

There are many benefits to the Diversion program. First, there is no license suspension in the Diversion program (but be sure to speak to an attorney about whether DMV is suspending your license for a different reason!). Second, a DUII conviction generally has a minimum fine of $1,000, but that fine isn’t imposed if the person enters Diversion. Finally, if the person successfully completes the Diversion program, the case will be dismissed and the person will not be convicted of DUII. Not having a conviction can be especially huge if the person is ever arrested for DUII again, as the penalties for DUII get worse the more times a person is convicted.

Diversion Isn’t for Everyone

While Diversion is a good option for many, it isn’t for everyone. If you have a strong case for the DUII, then it may be better to fight the charge at trial and possibly get all of the charges dismissed outright. If you win at trial, then you could still have the opportunity to participate in Diversion in the future should you ever get arrested again. It’s important to speak to an experienced DUII attorney before deciding to enter Diversion to decide whether it’s the right choice for you based on the facts of your specific case.

April 9, 2013
Weigh Station Trouble: Splitting the Tandem.

Up on the Truck Scale

As every commercial driver knows, weight limits apply to commercial vehicles. Generally, those weight limits are 10,000 lbs per wheel, 20,000 lbs per axle and 34,000 lbs per tandem axle. Anything over these limits and you’re in for a hefty ticket down at the weigh station.

Oregon Rules Say How the Weigh Station Should Do its Job

Oregon Administrative Rule sets the method for how ODOT should be checking your weight against the weight limit at the weigh station. Single axles can be weighed on a portable scale or in-ground scale so long as only that axle is being weighed. Tandem axles “shall” be weighed by adding together the weight on all the axles in the set (if weighed individually) or by putting all the wheels on the truck scale. The rules don’t set a certain limit per axle in a tandem axle.

ODOT Changes the Rules at the Weigh Station

Even though the rules are clear, ODOT is enforcing a different set of rules at the weigh station. ODOT officers are weighing the axles of tandems separately and, instead of adding them up to get he total weight like the rule says, issuing over weight limit based on a single axle in the set.

What to Do?

Avoiding this problem can be hard. Most shippers don’t have the capability to measure tandem does independently. Presumably some won’t because its not required by Oregon law or rule. Unfortunately, it’s the commercial driver that pays the price – literally – for a load that isn’t balanced on the tandem axle.

The best thing to do if you get an overweight ticket at the weigh station is to call the experienced traffic attorneys at Dore Long.

April 3, 2013
Does Misdemeanor Treatment Get Felons Back Their Gun Rights?

Felonies Can be Turned Into Misdemeanors

One great trick of Oregon law is that Class C felonies can receive “misdemeanor treatment” — that means they can be turned into misdemeanors. Your felony charge can be turned into a misdemeanor by the prosecuting attorney at the beginning of the case or by an agreement later.

Prosecutors often offer misdemeanor treatment for a felony after you successfully complete probation, pay your fines and do any required treatment. This can be a great benefit to you because you stop being a felon at the moment of misdemeanor treatment.

Possessing a firearm after a felony conviction can lead to trouble — sometimes even if your felony was treated as misdemeanor.

Misdemeanor Treatment, Felons and Gun Rights

Felons of any stripe can’t possess guns or other dangerous weapons in Oregon. See ORS 166.270. But people convicted of most misdemeanors can.

However, many people convicted of a felony that later got misdemeanor treatment cannot. How can that be? Because, if you were convicted of a felony, this particular Oregon law considers you a felon unless at the time you were originally sentenced, the judge made it a misdemeanor.

Misdemeanor treatment at the end of probation comes too late to save your gun rights.

What to Do?

Your felony charge has to be handled the right way if keeping your gun rights is important to you. Get a good attorney to handle your case the first time. Negotiate with the DA for misdemeanor treatment up front (even if it means a slightly worse sentence in the bargain).

If this has happened to you, don’t possess a gun until you’re sure what kind of misdemeanor treatment you received. Then, apply to have your gun rights restored if you’re eligible.

Give us a call. We’d be happy to go over your options and help you move forward.

April 1, 2013