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The statute governing a driver’s criminal liability when they are involved in a hit and run accident in Oregon recently changed and a driver is now required to make a good faith effort to comply with the statute if, after the fact, the driver has “reason to believe” that they were involved in an accident and to call 9-1-1 immediately if they later learned a person was injured. Previously, a driver in most circumstances had no obligation to take further measures if they learned after the fact they were involved in an accident — now they may be required to return to the scene. In fact, a tragic circumstance where this scenario played out, and the legal battle that ensued was the impetus for this recent change in the law. ORS 811.700, lays out the different obligations a driver has when they are involved in an accident resulting in damage to property in three scenarios. First, when a vehicle is involved in an accident with another occupied vehicle, the driver is required to immediately stop and exchange information with the other driver. Second, when a driver is involved in a collision with a parked vehicle, the driver is required to......
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More and more we are seeing the use of social media during or shortly after crimes are committed. As a result, these posts are also making their way into criminal investigations and into criminal trials. Often, these posts capture crucial pieces of evidence that can be used against a criminal defendant or that can be used to exonerate a person accused of a crime. A good criminal defense attorney will be looking on social media for potential evidence. I weighed in yesterday on the evening news about the challenges and benefits of live streaming potential evidence in a criminal case. See the clip here....
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If you have been arrested for a DUII in Oregon for the first time, you are probably here educating yourself on an area of the law that is wholly new to you. You are also probably discovering that a DUII arrest can be a very expensive and time consuming problem to have to deal with. One potential consequence of a DUII arrest or conviction is the court’s use of ignition interlock devices. Ignition interlock devices are often required after a DUII arrest. These devices are installed on the vehicle and require the person operating the vehicle to blow into the device in order to start the vehicle and to continue operating it after it has been started. Installation of these devices and monthly fees for their continued use is costly. While they are a good way to keep the community safer, the Oregon legislature has also recognized they should not be overused. Recently, the legislature passed a bill that allows for their early removal for people required to install these devices as a condition of a their DUII diversion agreements. ORS 163.645 allows Oregonians who are participating in DUII diversion programs to remove the court ordered ignition interlock device requirement......
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Recently, a Multnomah County grand jury declined to indict a mother who shot and killed a stranger whom she discovered in her child’s bedroom. This terrifying situation brought Oregon’s laws regarding the use of deadly force to the forefront. As an expert in the area, KATU news reached out for my analysis as an experienced Portland criminal defense attorney. Prior to the grand jury decision, I expressed skepticism that charges would be brought. As I noted in the story, a person is allowed to defend themselves with the use of deadly force in Oregon when they believe that someone is committing a burglary in their home. Turns out that analysis was correct. Although tragic, the actions taken by this terrified mom to protect her kids were not criminal. If you are charged with a crime that involves the use of force – deadly or otherwise – you should call my office and consult with an experienced Portland criminal defense attorney today. See the full interview here....
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The Oregon Legislature has made several key changes to the expungment statute (ORS 137.225) this legislative session. Oregon Senate Bill 908 amends the current law to allow a person convicted of a felony for possession of a Schedule 1 controlled substance (i.e. Heroin, Marijuana, etc.) to expunge the record of that conviction after three years rather than 20. Recognizing that a felony conviction has many negative collateral consequences that make it more difficult to get housing and impair one’s ability to gain employment, this change will help many people who have a single conviction for a felony drug offense put that conviction behind them and move on. If you have a PCS Felony conviction contact my office today and speak to an experienced Oregon expungement attorney to see if you are eligible to expunge your conviction....
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I represented the plaintiff in this suit in his criminal trial in Washington County where he was acquitted after a jury trial. The impact of an arrest and prosecution can be a frustrating and damaging situation, especially under circumstances where extreme force is used by the police in making an arrest. You can read about the case here....
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It could happen to you. You might be late to that meeting or rushing to pick up the kids from soccer practice. All of us are guilty of negligence on the road at some point or another, but if the stars align just right, your speeding or carelessness can cause damages with eternal consequences. The most obvious way to avoid causing harm to someone’s person or property when you are behind the wheel is to follow the laws: no speeding, no drinking, and no texting. However, none of us are perfect and accidents can happen. It all comes down to those crucial moments after an accident. If you play your cards right, you might be able to mitigate the damage you have caused, but if you panic and make a mistake, you are most likely just going to dig a deeper hole for yourself. You may have seen the news coverage of the fatal hit and run accident in Vancouver on January 19th. A driver allegedly struck and killed a 45-year-old woman and her 28-year-old daughter. In the panic of the moment the defendant fled the scene rather than calling 911. The police were able to track down the suspect......
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Oregon House Bill 2627, which took effect upon passage, amends the DUI diversion law in Oregon to require restitution to be paid as part of the DUI diversion agreement. Restitution includes any economic damages suffered by a victim that are the result of the criminal activity. Prior to House Bill 2627, a court was not allowed to impose restitution as part of the DUI diversion agreement. Instead, prosecutors would often file additional charges to account for any economic damages suffered by a victim (i.e. Criminal Mischief, Failure to Perform the Duties of a Driver, Reckless Driving, etc.). Depending on the county or municipality in which the DUI was committed, various prosecutors offices took different approaches to deal with these charges. Some require pleas to these charges and others would allow a defendant to pay the restitution in exchange for a dismissal. Now, it appears a defendant may be able to avoid an additional criminal charge by paying the restitution as part of the diversion agreement rather than being require to deal with an additional charge in some cases. House Bill 2627 also allows the court to dismiss a DUI charge with prejudice even if a defendant has not paid all......
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If your driver’s license has been permanently revoked based on a third or subsequent DUII/DUI/DWI conviction or a felony DUII/DUI/DWI conviction in Oregon you can petition the court to get your license back. If you were convicted under ORS 813.010 and your license was permanently revoked, there is still hope. After the lapse of ten years from the date that you were sentenced to probation or ten years from the date that you were released from incarceration, under ORS 809.235 you can petition the court to restore your diving privileges. The court is not required to reinstate your driving privileges, and to get your license back you must have a hearing in front of a judge. In order to restore your right to drive it is critical that you consult with an attorney knowledgeable in the area to formulate an effective strategy to present to the court. The court will consider a number of factors when determining whether to restore your driving privileges. These are: The nature of the offense for which the driving privileges were revoked; The degree of violence involved in the offense. Other criminal and relevant noncriminal behavior of the petitioner both before and after the conviction......
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The George Zimmerman acquittal earlier this week has left many feeling unsatisfied with the verdict in that case and has raised questions about the use of self-defense in so-called “stand your ground states.” The Gresham Outlook ran a story today and I offered insight into the law in Oregon. Check out the link here. ...
