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Oregon DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Oregon on
Q: My 17 year old son was arrested October 14th for a DUI with marijuana. How long do we have to wait for a court date.
Brandon C. Foy
Brandon C. Foy
answered on Nov 18, 2017

If there was no date on the citation (or no citation at all) there will like be no court date until the court receives charges from the city or county prosecutor’s office. The court would then create the case in their system and set a first date for your son to appear.

So, to answer your...
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1 Answer | Asked in DUI / DWI for Oregon on
Q: Can I purchase and own a firearm while still completing diversion for DUII in Multnomah county OR?

Charged with DUII, reckless driving, and reckless endanger. Allowed to do diversion since it was my first and only DUII. This is in Multnomah County Oregon.

Brandon C. Foy
Brandon C. Foy
answered on Oct 11, 2017

Review your court documents carefully and consult with an attorney if you any further questions about your obligations arising out of your case. If you had an attorney to help you enter diversion I would reach out to them first.

That said, DUII Diversion Agreements with Oregon courts...
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1 Answer | Asked in DUI / DWI for Oregon on
Q: I got a dui and the cop put down the wrong time can I get out of it
Brandon C. Foy
Brandon C. Foy
answered on Oct 7, 2017

The short answer is probably not. The incident date/time is one element of the crime that must be proven beyond a reasonable doubt, but the charging document (i.e., the ticket from the officer, or an information of misdemeanor later issued by the prosecutor) usually includes the term “on or... View More

1 Answer | Asked in DUI / DWI for Oregon on
Q: husband convicted of 3rd dui 11 yrs apart

My husband was convicted yesterday in oregon for his 3rd dui, his previous 2 were 11 yrs ago. How can they look back 11 years? His record in california had even been purged and the court record does not exist in their files any more but based on driving record the judge said it was his third. He... View More

Michael Hajarizadeh
Michael Hajarizadeh
answered on Sep 14, 2017

Good Morning,

I do not have all the facts so my statements may not be entirely accurate to your situation.

Based on your explanation I am not sure what exactly you would want overturned, the fact that it was your husband's third duii, or the conviction. The fact that the...
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1 Answer | Asked in DUI / DWI for Oregon on
Q: I was given a DUI, however I was not operating my vehicle. It was parked at a separate location. Is this lawful?

I was detained by multiple police officers on foot, at a separate location. It doesn't seem right that I could get a DUI when I wasn't even operating a vehicle and never admited to doing so under the influence

Mario F. Riquelme
PREMIUM
Mario F. Riquelme
answered on Sep 7, 2017

You can be "charged" with the crime of DUII regardless of whether at the time of the stop you were driving or not. Being charged with a crime,and being found guilty of a crime are two different things. Since driving is an element of the crime of DUII, you would likely have a very good... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Car Accidents for Oregon on
Q: I was convicted of DUII, Failure to Perom Duties, and Mans. II in 2008.

Duii-Suspended until 11/29/09

Failure to perfom: Suspended until 2/19/09

Man. 2-Suspended until 11/25/16

I already completed a DUII class, and have sr-22 insurance. Am I required to have an IID? The DMV and my parole officer have said no. I just want to be certain. Thank you.

Peter N. Munsing
Peter N. Munsing
answered on Dec 5, 2016

You should have a non-driving ID. If not you make a more complicated process but no.

1 Answer | Asked in DUI / DWI and Car Accidents for Oregon on
Q: Someone drove my car while i was passed out and got it impounded and popped a tire who pays for it

I was not in the car and they were drunk and had taken my keys

Paul Stanko
Paul Stanko
answered on Oct 30, 2016

That sounds like auto theft. Contact your insurance company, and file a police report concerning the theft.

1 Answer | Asked in DUI / DWI for Oregon on
Q: My son ion parole for his 2nd dui. He was pulled over driving on a suspended license. He did jail time.

The dummy you took my car another day and his drug counselor saw him and told his parole officer. Does he do jail aging?

Paul Stanko
Paul Stanko
answered on Oct 20, 2016

I don't entirely understand the question, but driving while suspended after a DUI conviction, while on parole, would definitely justify jail time.

1 Answer | Asked in DUI / DWI for Oregon on
Q: I recently been cited for a duii in oregon ive had a two dui's in another state more than ten years ago. Will they count

Its been 11 years since a previous duii.

Susan Fremit
Susan Fremit
answered on Feb 22, 2016

Generally if an earlier DUI conviction is going to be used for enhanced punishment, it will be stated on the warrant of arrest. I practice in VA, nor Oregon but here if the earlier conviction is more than 10 years old, it has almost no affect.

1 Answer | Asked in DUI / DWI for Oregon on
Q: Can my girlfriend get a driver's license in Oregon with one or two convictions of dui's in California?
Michael G. Romano
PREMIUM
Michael G. Romano
answered on Nov 1, 2014

It depends on how long ago those DUI convictions were, and whether she satisfied all requirements of the CA court and CA DMV.

1 Answer | Asked in DUI / DWI for Oregon on
Q: Is swerving WITHIN your own lane a lawful stop in reference to a DUII in the state of Oregon?

I do not believe this is an infraction of any kind, but does it justify the stop?

Michael G. Romano
PREMIUM
Michael G. Romano
answered on Nov 1, 2014

It's not a traffic violation by itself, but swerving within a lane can be used by an officer to support a finding of reasonable suspicion for DUII. Whether or not the stop was lawful will depend on what other factors the officer is using to corroborate his/her belief that the swerving was a... View More

2 Answers | Asked in DUI / DWI for Oregon on
Q: I had a DUII in 1998 and another one in 1999 another in 2009. My license is now revoked. Can I ever get it back?
Sunil K Raju
Sunil K Raju
answered on May 14, 2013

It sounds like your driver's license for revoked for life. A "lifetime" revocation means that your driver's license is "permanently" revoked. But, after the passage of time, you may be able to get your license back. A skilled attorney can review your criminal history... View More

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1 Answer | Asked in DUI / DWI for Oregon on
Q: How long could i go to jail if i got drunk and im 14
Troy Pickard
Troy Pickard
answered on Feb 12, 2013

I think it is very unlikely that you would be sentenced to jail time for being drunk at age 14, especially if this is your first run-in with the law. More likely, you might be ordered to do an alcohol education class and some community service.

Portland Defender

1001 Southwest 5th...
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3 Answers | Asked in DUI / DWI for Oregon on
Q: Important questions to ask in DUII in Oregon?
Troy Pickard
Troy Pickard
answered on Feb 12, 2013

There are so many important questions to ask in a DUI case. The two most important are: Were you "driving"? and Were you under the influence of intoxicants? If the answer to either question is no, you may have a very strong defense.

There are also many other questions a good...
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1 Answer | Asked in DUI / DWI for Oregon on
Q: I got duii diversion forms 1 3 and 4 from the court how do i get the 2nd form
Troy Pickard
Troy Pickard
answered on Feb 12, 2013

You may have just mistakenly not received form 2. You should go back to the courtroom you appeared in before and talk to the clerk. They should be able to get you any page you missed.

Portland Defender

1001 Southwest 5th Avenue

Suite 1100

Portland, OR 97204

(503)...
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1 Answer | Asked in DUI / DWI for Oregon on
Q: On DUII is there a lawyer for me

Looking for a lawyer to help with DUII, if Pro Bono

Troy Pickard
Troy Pickard
answered on Feb 12, 2013

If you cannot afford an attorney, the court can appoint one to represent you.

Portland Defender

1001 Southwest 5th Avenue

Suite 1100

Portland, OR 97204

(503) 592-0606

www.portlandcriminalattorneyor.com

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