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Sandi Pellikaan has successfully handled numerous Oregon DUI cases over the years. She represents persons in challenging DMV license suspensions for failing or refusing the breathylizer, in entering DUI Diversion and, of course, in circuit or municipal court on the DUI charge itself. Choose an experienced, affordable Oregon DUI / DUII / DWI / drunk driving attorney to help you every step of the way. Call right now for a free telephone or office consultation. Get your questions answered. IMPORTANT DUII INFORMATIONNOTICE OF LICENSE SUSPENSIONIf you failed or refused the breath test, you received a Notice of Suspension. At the bottom of the Notice of Suspension is your temporary permit; keep this with you, as it allows you to drive for the 30 days between your arrest and when the suspension goes into effect. On the back of the Notice, at the very bottom, is information on requesting a hearing regarding the suspension. YOU HAVE 10 DAYS FROM THE DATE OF ARREST FOR THE HEARINGS OFFICE TO RECEIVE YOUR REQUEST FOR A HEARING. You should fax the request, so that you have confirmation the office received your request. If you hire Ms. Pellikaan to assist you with your DUII charge, she will fax the hearings request on your behalf at no additional charge. An attorney is not required for the hearing, and many people choose to represent themselves at the hearing, but you should discuss this with your attorney to determine any legal issues you might have. Remember, the hearings are tape recorded and conducted under oath, so anything you say at the DMV hearing could be used against you if you take your DUII case to trial. Even if you plan to plead guilty to the DUI charge, you should still request a hearing. Nothing worse will happen if you have the hearing, and if the officer does not show up for the hearing or doesn't turn in his paperwork on time, you may get your license back. If, after the hearing, the judge upholds the suspension, you may apply for a hardship permit. However, the hardship permit does not cover the entire suspension period. For example, on a 90 day suspension for failing the breath test, the hardship is only valid for 60 days. You may obtain a hardship through DMV; it requires an SR-22 from your insurance company. This type of hardship permit does not require a judge's signature. CITATION/RELEASE AGREEMENT/ORDER TO APPEARAfter your arrest, you either received an Order to Appear in court or a Citation. Your citation or summons is the smaller piece of paper. It shows your court date near the bottom. This court date is your arraignment, where you are formally charged with the crime of DUII and possibly other crimes as well. Some courts, including Clackamas and Multnomah counties, allow your attorney (if you have hired one) to appear on your behalf and set your case for a diversion hearing if eligible, or a pretrial conference if your case is not eligible for diversion. As a courtesy to her clients, Ms. Pellikaan prepares the Waiver of Appearance at no additional charge. Most courts will not allow you to plead guilty at the arraignment. This is because arraignment courts typically don't have the time or staffing to take guilty pleas. Because pleading guilty to the crime of DUII comes with serious consequences, judges want to make sure you have time to consult with an attorney and thoroughly understand all of your rights and options. DIVERSION ELIGIBILITYGenerally, you are eligible for diversion if the following are true: you have not had a DUII conviction or participated in a diversion program ,or other court ordered substance abuse program,anywhere within the last 15 years, you were not in an accident causing injury to anyone, you have not been convicted of assault or manslaughter involving operation of a motor vehicle in the past 15 years, and you do not have a current CDL. Before you enter diversion, Ms. Pellikaan will thoroughly discuss with you the Affidavit of Eligibility that you must sign and present to the judge at the time you enter diversion. DIVERSION REQUIREMENTSFirst, to enter diversion you must plead guilty or no contest to the DUII charge. This means that you are forever giving up your right to have a trial in the case. The judge will then hold entry of judgment for 1 year. Assuming you complete the following requirements, the DUI will be dismissed. However, the arrest will remain on your record; under current law, the arrest is not eligible for expungement. The diversion requirements are as follows: pay $458 in court fees; complete alcohol evaluation through the county (cost is $150); complete alcohol classes or treatment; attend one-time victim panel class (cost is typically around $50); no drinking and driving for one full year, and notify the court and the DUII evaluator's office if your address changes during the one year diversion period. In most courts, your attorney must file a Motion to Dismiss the charge once the year is over. This is included in Ms. Pellikaan's fee. DUII-NOT DIVERSION ELIGIBLEIf your case is not eligible for diversion, it will be set for a pretrial conference. Ms. Pellikaan will then either negotiate a sentence that you are comfortable with, or she will send your case out for trial (trial will be held on a different day from the pretrial conference). Because the charge is a class A misdemeanor (unless you have 3 prior DUIIs, in which case your DUII is a felony), you may have a trial with a six person jury. The prosecutor has the burden of proving your guilt beyond a reasonable doubt to all 6 jurors (the decision to convict or acquit must be unanimous). A typical sentence for a DUII includes probation, jail, alcohol evaluation and treatment, victim panel attendance, a fine (minimum fine for a first DUII conviction is $1,000), and possibly community service. Your sentence depends on the particular facts of your case and whether you have prior convictions. Ms. Pellikaan will discuss various sentencing options with you at length and will work to secure an outcome that you are comfortable with. OTHER CHARGESThe prosecutor may have also charged you with Reckless Driving, Recklessly Endangering Another, Criminal Mischief or other associated crimes. These crimes are not eligible for the diversion program and will have to be resolved separately from the DUII, either by a plea, a civil compromise, or trial. Ms. Pellikaan has considerable experience resolving these companion charges and will discuss the possible options with you. FAQWhy should I hire an attorney if I'm entering diversion? What is the maximum sentence for a misdemeanor DUII conviction? If I win the DMV hearing, does my DUII case go away? If I enter diversion, will my DMV suspension for failing/refusing the breath test go away? Can an attorney get my DUII reduced to a "wet reckless" or negligent/ careless driving? Can I expunge my DUII after I complete diversion? I successfully completed diversion but now I have a new DUII charge; does diversion count against me for sentencing on the new DUII? What are the minimum sentences set by law for DUII convictions? How much do alcohol treatment classes cost? I completed diversion and have been charged with a new DUII. Can I do anything to get a more lenient sentence from the judge? I was involved in a traffic accident. What do I do? The police officer wrote an accident report; do I still need to file a report with DMV? Recent Developments in Oregon's DUII LawsHB 2702 States that courts cannot deny diversion to people in active military service. This bill has passed both the House and Senate and is awaiting the Governor's signature. Several other bills affecting Oregon's DUII Diversion program have been introduced in the legislature and can be reviewed by clicking on my Facebook link. On November 2, 2010 Oregon voters passed Ballot Measure 73 (aka Oregon Crimefighting Act). Measure 73 makes DUII a Class C Felony if the person has been previously convicted of DUII (or its statutory counterpart in another state) at least twice in the 10 years preceding the current DUI offense date. Measure 73 imposes a mandatory minimum jail sentence of 90 days. Under Measure 73, any subsequent DUII conviction, regardless of how much time has passed, will be classified as a felony. Call for a free consultation: (503) 705-7543Serving and defending persons facing Oregon criminal charges in Multnomah County, Washington County, Clackamas County, & Columbia County Courts and residents of the communities of Portland, Beaverton, Hillsboro, Gresham, Tigard, Oregon City, Wilsonville, West Linn, Lake Oswego & Gladstone.This website does not provide legal advice or create an attorney client relationship with Ms. Pellikaan. Seek out an experienced Oregon lawyer for advice about your specific legal problem. This website may be considered an advertisement for services under the Oregon Code of Professional Responsibility. Remember that Oregon law, including Oregon criminal law, frequently changes. Seek out qualified Oregon criminal defense / defence attorneys and lawyers to assist you. |
