Great result today out of Washington County, Oregon where my client’s felony DUI charge was reduced to a misdemeanor DUI.
Felony DUI in Oregon is based on the number of prior convictions. ORS 813.011 leads to a felony DUI if you have two prior convictions in the last ten years. It carries a minimum of 90 days in jail without the possibility of work release or home confinement.
Motion to Challenge Prior Convictions Successful
Defendant had a prior case in California that was remarkably similar to an Oregon diversion. We made a motion to challenge defendant’s prior convictions based on whether the Oregon legislature intended a prior “conviction” to mean a guilty plea or the entry of a judgment of conviction.
The court ruled that the State had failed to prove the California case ended in a conviction. This change the case from a felony DUI to a Misdemeanor DUI. Defendant ended the case with a sentence that was 1/3 of the DA’s final pre-trial offer, less than the mandatory minimums for a felony DUI and he’s eligible for work release and home confinement. Overall, a great result!