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… Continue reading DUII Investigations in Oregon – What to Expect
Tag: criminal defense
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… Continue reading Should I Take the Breath Test if Arrested for DUII in Oregon?
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… Continue reading Diversion Can Be a Good Option for Oregon DUII Charges
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… Continue reading Does Misdemeanor Treatment Get Felons Back Their Gun Rights?
Post Conviction Relief Win – New Sentence to Avoid Deportation
In Oregon, Post Conviction Relief is the only way to overturn a conviction or sentence that doesn’t involve legal error. It covers problems like denial of constitutional rights and when an attorney makes a mistake. N was convicted of theft in 2007. At the time, he was a lawful permanent resident of the United States. This… Continue reading Post Conviction Relief Win – New Sentence to Avoid Deportation
The Power of Prado
State v. Prado is one of the most powerful tools available for beating your driving charges. Let’s say you’re happily driving down the road. You hear your tires hit the rumble strip and, the next thing you know, red and blue lights are flashing in your rear view mirror. Are you in serious trouble? Maybe… Continue reading The Power of Prado