Portland Criminal Defense Attorney BlogThis is the blog for James F. O'Rourke, Jr. and Associates. In this blog we will present information, commentary and our own opinions and philosophy regarding the areas of law in which we practice. It is the purpose of this blog to be informative, helpful and thought provoking. The dynamic interface between the individual and the government is the law. What we mean by that is that when the government sets certain goals, it creates laws to achieve those goals. Those laws touch the lives of the people under the jurisdiction (power) of the government. As criminal defense lawyers, it is our job to make sure that the people we represent receive all of their rights and protections under the law. In some cases, that involves advocating for changes in the law or reinterpretation or correct application of the existing law. As personal injury lawyers, it is our job to make sure that our clients receive all their rights under the law and to secure compensation for the people we represent for injuries and damages they suffer which are caused by the intentional, reckless or negligent acts or omissions of others. |
2009 Legislature Makes Changes in Oregon Felony DUII Law, Effective January 1, 2009.
In 1999 the Oregon Legislature created the new crime of Felony DUII. Under that law, persons who were convicted of their fourth DUII in a ten year span had the offense elevated to a Class C Felony rather than a misdemeanor. However, the law was drafted so as to exclude DUII convictions in Juvenile Court (”Juvenile Adjudications”).
Effective January 1, 2010, Juvenile Adjudications for DUII will be counted as one of the three “predicate offenses” in the ten year period for the purposes of charging Felony DUII.
In larger counties, this change may not make much of a difference. For instance, in Multnomah County, persons over 16 who commit traffic crimes have long been remanded to adult court, bypassing the Juvenile Court process. This “standing remand order” automatically transfers all juveniles accused of traffic crimes into the adult process.
This post relates to Oregon DUI laws.
Tags: Oregon DUI Laws
Uncategorized | jforourke December 10, 2009
