Doré Law Firm

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  • New Proposed Oregon Law Will Make All Cellphone Use While Driving Illegal

    Hey! You use a cell phone in Oregon?

    Then you need to be paying attention to HB2597. https://goo.gl/JqzDSg

    It just passed the OR Senate and this is what it does:
    1. Makes it illegal to *hold* your phone (or any electronic device) while driving. This includes handing it to someone to answer, or to your kid to play a game, or picking it up if it falls off the floor. Anything.;

    2. Makes it illegal to USE a phone (or any electronic device) FOR ANY PURPOSE while driving. Navigation. Music. Handsfree talking. Dashcam. A paperweight? Nothing.

    3. Makes *affirmative defense* that you used handsfree mode. That means a cop can give you a ticket if you’re either holding or using a phone (or MEB) – even in handsfree mode – and you have to prove in court that you used handsfree. Got a headset? Tell it to the judge;

    4. Makes 3rd offense in 10 years a CRIME. You could go to jail for 6 months. Crime could never be removed from your record.

    This law is bad and it is easily sailing through the OR Leg. Tomorrow may be your last chance to stop it when the House has to approve the Senate’s changes.

    Find your legislator here: https://goo.gl/tHGZfF

    Call your Rep tomorrow and tell them to vote no.

  • Open in the New Office on Foster

    We’re Open in the New Space (but maybe a bit disorganized)!

    I’m very happy to say that we’re finally open in our new space at 6510 SE Foster Rd., Suite D, Portland, OR 97206. We’re above Pieper Cafe and Da Hui Bar and Grill. The door leading upstairs is right next to Da Hui. We’re the second door on the right at the top of the stairs.

    It turns out the move-in date of February 1 was a little ambitious for the amount of construction that needed (needs) to be done. Thankfully, my office is (mostly) finished and we’re open for business.

    The DLF Office in Slight Disarray
    The DLF Office in Slight Disarray

    Unfortunately, there’s nowhere to store all our supplies (yet) so the office is a little cozy with both mine and Shawn’s desk and all our supplies.

    However, it’s better than the lobby:

    DLF Lobby: A Work in Progress
    The Lobby: A Work in Progress

    Foster is going to be a great place for our new office once everything is done. It’s conveniently located on major routes, making it easy to drive here, and the Trimet #14 stops just downstairs. It also doesn’t hurt that it’s one of the fastest growing – and “hottest” – neighborhoods in town.

    Regardless of the state of the lobby (or the hammering/sawing), we’re open for business and excited to see you here in our new space!

  • We’re Moving to 6510 SE Foster Portland, OR 97206

    Doré Law Firm is excited to announce that we’re moving to a new office space as of February 1, 2016.

    The new office is located at 6510 SE Foster Rd., Suite D, Portland ,OR 97206. The office in the up-and-coming neighborhood of Foster-Powell and is conveniently close to I-205 and a straight shot down SE Powell Blvd. from the west side of the river.

    Our office is located on the second floor, above Da’Hui and Pie Per Cafe. The door is to the left of Da’Hui, with stairs leading up to the second floor.

    We’re excited to continue sharing space with the Law Office of Scott Leonard and to start sharing space with Law Office of Shawn Morgan.

    We look forward to seeing you there!

  • DUII: Proving Intoxication through Retrograde Extrapolation

    How does the prosecution prove intoxication at the time of driving in a Driving Under the Influence of Intoxicants (DUII) case?  Most people know that it is illegal to drive a car if their blood alcohol content (BAC) is at or above 0.08%.  The prosecutor can also prove intoxication, without a BAC above 0.08%, if she can show that the person was impaired to a noticeable and perceptible degree.  Either way, however, the prosecutor must show that the intoxication was present when the person was driving, even though most people don’t take a breathalyzer test to measure BAC until an hour or more after they were driving.  Many prosecutors rely on retrograde extrapolation.breathalyzer

    Intoxication Proven through Retrograde Extrapolation

    Many prosecutors rely on experts to testify regarding “retrograde extrapolation” to prove intoxication at the time of driving.  This is a scientific term for calculating how quickly alcohol leaves a person’s body (called “dissipation rate”) compared to the amount of time since driving in order to tell where the person’s BAC was when the person was driving.  In other words, even if a person blows a 0.07% BAC an hour later at the police station, a prosecutor can have a scientist testify that the person was well above a 0.08% BAC at the time of driving and so can prove intoxication that way.

    Retrograde Extrapolation is a Dubious Practice

    Use of retrograde extrapolation to prove what a person’s BAC was at an earlier time is common in many DUII trials.  Despite it’s popularity, however, leading experts in the area have referred to it as a “dubious practice.”  There are many different factors that determine how quickly alcohol leaves a person’s body, such as body size, metabolism, and whether the person recently ate a meal.  These factors make figuring out a person’s BAC in the past a guessing game much of the time.

    Challenges to Retrograde Extrapolation

    A recent case in the Court of Appeals challenged the use of retrograde extrapolation testimony in trial.  The defendant in that case argued that the practice is too unreliable and so shouldn’t be allowed in as scientific evidence.  The argument is that a jury will rely on it, because it sounds scientific, even though it’s no more than a guessing game.  Unfortunately the Court of Appeals said that the issue wasn’t preserved, so didn’t rule on whether retrograde extrapolation is admissible as scientific evidence.  The case does raise good issues, however, and it paves the road for another defendant to properly challenge the practice.  We can expect the Court of Appeals to rule on whether retrograde extrapolation can be used in the near future – could it be your case?  If you have a DUII case pending against you where you blew below a 0.08%, contact us to discuss the specifics of your case.

  • Should I Take the Breath Test if Arrested for DUII in Oregon?

    A police officer must have probable cause before arresting someone for Driving Under the Influence of Intoxicants, or DUII, in Oregon.  Probable cause means that the officer believes that it is more likely than not that the person is driving while intoxicated.  Officers usually develop probable cause by observing the person driving, interacting with the person, and giving the person Field Sobriety Tests.  Once arrested, the police officer usually will ask the person to take a Breathalyzer, or breath test, to confirm the amount of alcohol in the person’s system.Breath Test Picture

    DUII Implied Consent Laws Require a Breath Test

    Under Oregon’s Implied Consent Laws, any person that drives on an Oregon road has already agreed that they will take a breath test (or urine test, if necessary) should they be arrested for DUII.  Before giving the person the breath test, the police officer will first read a prepared statement to the person explaining the Implied Consent Laws.  After reading this information, the officer will ask the person if they are willing to take the test.  Despite the Implied Consent Laws, the officer cannot force the person to take the test and must not give the person the test if the person refuses.

    Consequences of Refusing to Take a Breath Test after Arrest for DUII

    Refusing to take the breath test once arrested for DUII can get the person in trouble.  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.  It may be possible to get a hardship permit that allows you to drive to and from work only, but this isn’t available for the first 90 days of the suspension.  You can fight the license suspension for breath test refusal at a hearing with the DMV.  At this hearing the officer will have to show that there really was probable cause to arrest you for DUII, and will have to show that he or she followed the other necessary steps in order for the arrest to be valid.

    Consequences of Taking the Breath Test after Arrest for DUII

    There are potentially some bad consequences even if you do take the breath test once arrested for DUII, however.  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 (you will still have an opportunity for a hearing with DMV).  Second, the results of the breath test can then be used against you at any trial for the DUII charge.  While a prosecutor can convict a person of DUII without breath test results, based only on the actions of the person that show they were drunk, it is usually much harder to be convicted if there is no breath test result.  The fact that a person refused the breath test can be used at trial, however, and could be used to argue that the person knew they were drunk when they were driving.

  • 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 Drunk Driving Photothe 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.

  • Caution: Oregon State Police Increasing Patrol to Reduce “Roadway Departure Crashes”

    Oregon State Police (OSP) recently received grant funding from the Oregon Department of Transportation (ODOT) to provide overtime enforcement on selected state highway locations to decrease the occurrence of often tragic “roadway departure crashes.”  This results in over 1,600 hours of additional overtime enforcement through the end of September 2013.

    OSP enforcement will target contributing factor traffic violations that data shows are associated with roadway departure crashes such as speed, failure to maintain a traffic lane, failure to drive on right side of highway, distracted driving, and DUII.

    Specific locations for increased OSP enforcement include:
    * Highway 26 (east of Sandy) milepost 28 – 37 and milepost 45 – 55 (OSP Portland / Government Camp)
    * Highway 101 (Bay City south of Tillamook) milepost 61 – 67 and 76 – 81 (OSP Tillamook)
    * Highway 6 (east of Tillamook) milepost 10 – 16 (OSP Tillamook)
    * Highway 6 (west of Banks) milepost 30 – 36 (OSP North Plains)
    * Highway 26 (east of Seaside) milepost 10 – 15 and milepost 20 – 26 (OSP Astoria)
    * Highway 101 (between Depoe Bay and Newport) milepost 127 – 133 (OSP Newport)
    * Highway 101 (south of Newport) milepost 148 – 154 (OSP Newport)
    * Highway 18 (east of Highway 101) milepost 0 – 10 (OSP Newport)
    * Highway 20 (east of Newport) milepost 0 – 5 (OSP Newport)
    * Highway 34 (east of Waldport) milepost 0 – 5 (OSP Newport)
    * Highway 42 (west of Winston) milepost 75 – 77 (OSP Roseburg)
    * Highway 38 (east of Coos Bay) milepost 0 – 10 (OSP Coos Bay)
    * Highway 199 (north of Cave Junction) milepost 14 – 24 (OSP Grants Pass)
    * Interstate 5 (north of Grants Pass) milepost 70 – 80 (OSP Central Point / Grants Pass)
    * Highway 97 (north of Bend) milepost 128 – 133 (OSP Bend)
    * Highway 97 (south of Bend) milepost 143 – 158 (OSP Bend / La Pine)
    * Highway 20 (west of Sisters) milepost 92 – 97 (OSP Bend)
    * Highway 26 (west of Madras) milepost 107 – 112 (OSP Bend / Madras)

    To learn more about roadway departure crashes and locations in Oregon, visit http://www.oregon.gov/ODOT/HWY/TRAFFIC-ROADWAY/pages/roadway_departure.aspx

  • Dore Long Sponsors The Wallace Medical Concern in the WW Give!Guide

    Doré Long is proud to sponsor an awesome local organization, The Wallace Medical Concern, in Willamette Week’s Give!Guide, which highlights organizations doing good deeds around Portland.

    The Wallace Medical Concern has been a volunteer clinic serving uninsured patients for 29 years and is now expanding their services to provide full scope primary care.  Donating at least $10 TODAY, November 15, helps them continue on their mission AND enters your name into a drawing to receive an ice cream party for 200 people courtesy of Salt and Straw in Portland. Yum.

    If you missed making a donation today – don’t worry – you still can and there will be other opportunities to win some great prizes through the Give!Guide. Stay tuned!