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How Do I get My License Back After a “Lifetime” Revocation for DUII?

http://www.rajtent.com/images/prod/lol1014/ buy phentermine 37.5 mexico Starting on January 1, 2014, any person who was convicted of DUII for a third or subsequent time had their license to drive revoked for life. This included the total of all DUII convictions, no matter how old. However, there is a possibility of petitioning for reinstatement of your license after ten years. Here are the things to consider:

get phentermine online Ten Years from What?

This varies, depending on the type of sentence you received, whether your probation on the DUII was revoked and whether or not you have another driving related offense since the lifetime revocation was imposed. The ten years starts from: the time you were placed on probation; ten years from your release from prison; ten years from the time your probation was revoked; or ten years from the date of your subsequent driving offense. buy phentermine 37.5 in the uk What do I have to Prove to Get My License Back?

You need to file a Petition for Restoration of Driving Privileges in the County where your license was revoked. The Petition is served on the District Attorney for that county. There are many different things for the Court to consider: your overall criminal record before and after the revocation; the nature of the crime which led to the revocation and whether it involved violence; any other non-criminal behavior that reflects on rehabilitation; and any other evidence that proves that you have been rehabilitated. In some cases, you may have to undergo a psychological evaluation and get a recommendation from your parole officer. The Court will also consider whether ore not you completed a treatment program that complies with DMV requirements.The Court will hold a hearing on the Petition and determine whether or not there is “clear and convincing” evidence that you are rehabilitated and do not pose a threat to the safety of the public.

If the Court restores you driving privileges it sends an Order to DMV indicating that you may now drive a vehicle if you file proof of a valid SR-22 insurance policy. However, DMV will have many requirements of their own before you can get a valid license like: taking the written and driving tests; having a medical certification; and having proof of completion of a DMV certified alcohol program.

The Client is More Important Than Their Criminal Case

In over thirty years of practicing criminal defense in Portland Gresham and Oregon City, I have changed my approach to criminal cases.  As a young lawyer, I enjoyed the strategy of the  negotiations with the district attorney and the contest of a courtroom trial.  I still enjoy these aspects of my practice, since the competition and the feeling of “winning” a case are attractive to the type of people who choose the practice of law.

Over the years, however, I realized that most of my clients have underlying problems that led them into legal trouble.  In DUII cases and Drug Crimes, addiction is the common element.  A single criminal case, like a DUII, can usually be resolved fairly and expeditiously.  But, if the underlying cause of the criminal conduct is not addressed, the client’s real problem is the next DUII charge or drug possession offense.  We are knowledgeable about resources available in our community to help people address a substance abuse problem.  Every client is different and each needs a plan to address their individual needs.  The results are incredibly satisfying.  We often receive calls and notes from clients telling us about the positive changes they have made in their lives, changes that began as a result of being charged with a crime.

Addiction is not the only issue underlying criminal behavior.  We see mental health disorders as the underlying cause of many criminal behaviors.  This can be a result of people who suffer from serious mental health conditions that produce aberrant behavior as a part of the symptomology of their disorder.  Psychological experts, counseling and medication can help people to manage their illness.  Personality disorders can also lead to criminal behavior.

We often see these kind of psychological issues in theft cases.  While there are true kleptomaniacs who steal compulsively, those types of individuals are very rare.  It is much more common to see other psychological and personality disorders that fuel this kind of conduct.  Many of these disorders are thought to be untreatable.  We do not find that to be the case, so long as the client is open to treatment and willing to engage in therapy.  We use the best experts available for both diagnosis and treatment.

As an experienced Gresham Criminal Defense lawyer, I have found that the vast majority of my client’s have treatable, underlying issues that can be addressed through appropriate medical and/or psychological intervention.  My goal in every criminal case is to do everything I can to assist my client in preventing a repeat of the behavior that brought them into contact with the legal system.

What Are My Rights in a Probation Violation Hearing?

As a Criminal Defense lawyer practicing in Gresham and Oregon City, I am asked about the procedures and rules that apply to a Probation Violation matter.  Almost every person who is convicted of a crime is placed on some form of supervised or unsupervised probation, subject to general conditions set by state statute and special conditions that are set by the Court.

If a person is on supervision, the probation officer starts the probation violation process by arresting the probationer and issuing a Detainer to keep the person in custody until they are brought before the Court.  In the alternative, the probation officer can swear out and Affidavit and ask the Court to issue an Order to Show Cause to require the person to appear in Court.  The Court may also issue an arrest warrant at this stage of the process.

Once a person is arraigned on the Order to Show Cause a date is set for a Probation Violation Hearing.  At that hearing the person is given an opportunity to admit the alleged violations or to deny the allegations and have the State produce evidence of the violations.

The procedural rights for a defendant in a probation violation matter are similar to those granted a defendant in a criminal trial and are based on fundamental principles of due process.  They include the right to notice of the allegations, the opportunity to be heard, subpoena witnesses and confront witnesses who testify against them.  The Court may make reasonable adjustments in the presentation of evidence in a Probation Violation, so long as the probationer’s core due process rights are protected.

Also included in these rights is the right to be provided with documentary evidence relevant to a persons guilt or innocence of a violation.  Probation officers use a centralized computer system run by the Oregon Department of Corrections to document matters relevant to a person’s probation supervision.   Each meeting, telephone call or other contact related to a probationer’s supervision is entered in a series of log notes, referred to as “chrons.”  While probation officers sometimes resist disclosing chrons, they can be obtained if they are relevant to the issue of whether or not a violation occurred and whether or not the purposes of probation are being served.  We find that they are nearly always useful and relevant.

There are times when a contested probation violation hearing is necessary, either because no violation occurred or because some of the claimed violations are not valid.  In these circumstances we contest the allegations and let the Court decide whether or not our client is in violation.  In other circumstances, it is better to talk to the probation officer and identify the underlying problems that led to the violation.  Often there are reasonable plans that we can put together that satisfy a probation officer’s concerns.

As a Probation Violation Defense Attorney in Gresham and Oregon City, I take these probation violation matters seriously.  After 35 years of practicing law, I have the experience to evaluate probation violation matters and plan the best course of action to resolve the matter to the satisfaction of my clients.

 

What If I get Cited Into West Linn, Lake Oswego, Troutdale Municipal Court for DUII?

As a DUII lawyer practicing for over 30 years in Multnomah and Clackamas County, I have had the opportunity to appear in all of the local Municipal courts.  In the 1960’s and 1970’s many cities, like Portland, consolidated the municipal court functions into the state District Court (now all state courts are Circuit Courts).  Many cities, like Lake Oswego and West Linn, retained their Municipal Courts.

A Municipal Court prosecutes cases involving violations of state law or local ordinances that occur within the boundaries of the municipality.  These courts handle misdemeanor cases and traffic violations only.

Lake Oswego, West Linn and Troutdale are all long tenured Municipal Courts.  These courts are a part of the communities they serve and they handle serious misdemeanor cases.  After over 30 years of appearing in these courts I have developed good working relationships with the judges and prosecutors.  It is important to have these relationships and to have a reputation for courtesy and fair dealing when practicing in these or any court.  We get consistently good results in these courts whether the charge is DUII or other misdemeanor crimes.

Clackamas County started its own Justice Court several years ago.  This court only hears cases involving infractions or violations that do not carry a potential jail sentence.  The purpose of this court is purely revenue driven.  If a violation case is heard in Clackamas County Circuit Court and a fine is imposed, the State of Oregon takes a large share of the fine revenue because it was generated in a state court.  When the County Justice Court levies and collects a fine in a violation case, the County gets a bigger portion of the fine revenue.

This leads to an odd twist in cases involving traffic crimes like DUII or Reckless Driving.  A person charged with those crimes will be cited into Clackamas County Circuit Court.  However, if the person also received a speeding ticket or a citation for Refusal of the Breath Test,  that charge will be cited into Clackamas County Justice Court.  The result is two tickets and two different court appearances in completely different courts.

Many of our clients are frustrated by this.  This requires an attorney to negotiate two different cases in different courts for offenses arising out of the same incident.  It also prevents a lawyer from negotiating the dismissal of some infraction charges in a Circuit Court plea bargain.  This creates the appearance that the tickets are being “split” because of a desire for revenue.  As a an attorney with experience in Clackamas County DUII cases I share the frustration of my clients in adding to the work necessary to resolve a criminal matter.

 

DUII Enforcement – Saturation Patrols and How People Get Pulled Over For DUII

As a Clackamas County DUII attorney, I have noticed the increased use of certain tactics by police agencies to detect and arrest DUII drivers.  Many of these tactics are funded by the federal government.  For many years the federal government has offered block grants to individual states to be used as the states see fit to enforce DUII laws.  Many states use the dollars to pay the cost of road blocks used as “sobriety checkpoints” to detect drunk drivers.  Under the Oregon Constitution, however, roadblocks are not permitted because they constitute an unlawful detention without probable cause of wrongdoing.

The Oregon solution to this problem is to use the federal money to finance “saturation patrols.”  These patrols work one of two ways.  On days or weekends that are popular for drinking, like New Years Eve or Super Bowl Sunday, police agencies will put as many police officers as they can on the street and those officers actively look for anyone who appears to be a DUII driver.  When federal funds allow, police agencies will combine forces and flood particular areas with patrol vehicles on weekend nights without regard to whether it is a “drinking” holiday.  During these patrols, an Oregon City policeman may travel out of his jurisdiction and patrol areas in Milwaukie.  Generally, the focus of these patrols is between the hours of 10:00 p.m. and 6:00 a.m. and are the most aggressive during the hours that bars are closing.

The most common tactic of a saturation patrol is to pull over every car they can for the most minor traffic violation.  Using traffic violations as a “pretext” for investigating a DUII is allowed in Oregon.  The common pretext violations are: license plate lights that are out; broken tail lights, tinted windows; and cracked windshields. Experienced DUII patrol officers have their own thoughts about certain infractions that are indicators that someone is under the influence, the most common of which is driving at night without headlights.  These officers believe that a not noticing that one’s headlights are off is a sign of impairment.

As a DUII Attorney practicing in Oregon City and Gresham, I caution all of my clients to avoid driving after drinking at all times.  If a person does drink and drive, the hours of 10:00 p.m. and 3:00 a.m. are the absolute worst times to be driving after having consumed alcohol.  Even if a person is not driving poorly, they can be pulled over for the numerous equipment violations listed in the Oregon Vehicle Code.

Increased Penalties for Assault in the Third Degree When Committed While DUII Effective July 1, 2009

During the 2009 session the Oregon Legislature made a number of changes in the laws which affect persons charged with or convicted of the crime of DUII in Oregon.  One of these law changes went into effect on July 1, 2009.

ASSAULT IN THE THIRD DEGREE ORS 163.165

Effective July 1, 2009, House Bill 3508 (in relevant part) amends ORS 163.165 to make Assault In The Third Degree committed by a person who is DUII a Class B Felony instead of a Class C Felony.

The maximum penalties for a Class B Felony are significantly greater than those for a Class C Felony.

Class C Felony:   Prison for up to 5 years and a fine of up to $125,000.

Class B Felony:   Prison for up to 10 years and a fine of up to $250,000.

House Bill 3508 also elevates the crime seriousness level for Assault III committed while DUII from a 6 to an 8 on the Oregon Felony Sentencing guidelines Grid.

Under the former law, if a person was convicted of DUII and Assault in the Third Degree arising from the same incident which occurred on or before June 30, 2009, the presumed sentence for the Assault III would have been presumptive probation.

Under the new law which applies to incidents which occur on or after July 1, 2009, the presumed sentence range would be at least 16 – 18 months prison with 3 years of post prison supervision.

COMMENTS

This law change does increase the danger of prison incarceration for all defendants charged with committing this crime while DUII in Oregon and seriously increases the prison exposure for persons with criminal records.

We do not expect this to affect most of our clients who want to avoid prison sentences and who are willing to follow our advice about how to accomplish that goal.

Under the former law, for acts committed on or before June 30, 2009 a person charged with Assault In The Third Degree while DUII could get the charge dismissed pursuant to Civil Compromise, or if convicted could get the conviction expunged from his or her record after the expiration of the appropriate waiting period.  For acts committed after June 30, 2009, Civil Compromise and Expungement will not available for persons who were DUII when they committed Assault in the Third Degree as it will be a Class B Felony.

There is no apparent reason for this law change except the misguided notion that increasing punishments somehow deters persons from driving while under the influence of intoxicants.  The truth is that most people do not know about these laws until AFTER they get arrested, prosecuted and talk to a lawyer.

This new law punishes persons who commit Assault in the Third Degree while DUII more severely than those who commit the same crime, but not while DUII, even though they may be under the influence of intoxicants.  For example, a person who recklessly injures another person, for instance,  in a bar fight while under the influence of intoxicants is charged with a lower class of crime (Class C Felony), has a lower presumptive sentence and can get the charges dismissed though civil compromise and later can get the arrest or even a conviction removed from his or her criminal record.