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Medford DUI Lawyers

1. Workman, Larry: In Oregon, law enforcement agencies have the right to stop your vehicle if they suspect that you may be driving under the influence. If you are pulled over, you are only required to present identification and vehicle documentation. You are not required to answer any questions regarding your destination, number of drinks consumed, etc. You are not required to perform any roadside tests such as walking a straight line, reciting the alphabet, touching your nose, or moving your eyes from side to side. You will be requested to submit to a breathalyzer test, if you refuse you could be subjected to additional penalties. You will not be given the opportunity to contact a Medford DUI Attorney until after the test is performed. If you are arrested for driving under the influence in Medford, OR. and your blood alcohol level is .08 percent or more, you need to contact a Medford DUI Attorney immediately. Your driver's license will be taken away by the arresting officer at the time of your arrest. You may drive on your DUI ticket for ten days and you have a right to request an administrative hearing. During the administrative hearing you have the right to challenge the DMV in suspending your drivers license. Make sure you get assistance from your DUI Attorney Medford immediately after your arrest when challenging the DMV suspension.
2. Carini Francis: You have only 10 days to request a hearing if your license has been suspended. The DMV license suspension process is separate from the midemeanor charges filed in Circuit Court. The DMV can suspend your license for a breath test failure or refusal. If the police gave you a notice that your driver's license will be suspended, you must request a DMV hearing on the proposed suspension within 10 days from the date of your arrest. Do not confuse the DMV hearing with your court date. You must also appear in court on the date on your citation. A person accused of a crime should never enter diversion or agree to a plea bargain without a complete understanding of the legal effects of these decisions.
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4. Parker, Laurance: Criminal law Juvenile Assault Drugs Sex offense DUI Domestic violence Misdemeanors Felonies Measure II
5. Eckrem, John: * DUII & Criminal Defense * Divorce and Family Law
6. Kochlacs, Charles: In accordance with the Due Process Clause of the United States Constitution, the Government has an obligation to provide a defendant, upon his request, of all evidence in its possession that is favorable to the defendant and material to the case against the defendant. If the Government fails to disclose the requested information to the defendant, a new trial may be required.
7. Stone, Robert: In order for your rights to be best protected it is imperative, should you find yourself under investigation or accused of crimes, that you be represented at the earliest possible moment.
8. Capetti Group Law Offices:

   When you were arrested for Driving Under the Influence of Intoxicants, you were charged with a criminal act. This crime is taken very seriously in Oregon courts. The maximum penalty is 1 year in jail and a fine of $6,250.00. Most courts will give a very modified version of that sentence, depending upon several factors, such as your criminal history (especially noting the number of prior DUII convictions you might have in this, or any other state), your history with drugs or alcohol, whether or not your arrest involved an accident, injury, or death, your politeness/cooperation with the officer and jail staff, and other similar factors.

   This is a case that will not be dismissed without extraordinary factors or circumstances. Many people are surprised to see that they are really being prosecuted for this. This will not go away.

   In order to get out of jail, you may be required to sign a PreTrial Release Agreement as a result of your arrest. This agreement may require that you refrain from consuming alcohol—with a violation resulting in the making you pay money to stay out of jail or locking you up again. You may also be required to install an IID (Ignition Interlock Device – see FAQ #19) which requires you to blow into this apparatus every time you start your vehicle in order to get it to run.

   CRIMINAL PROCESS

   When you were arrested, you were either taken to jail, or issued a citation for DUII.

   The jail will either set a court appearance for your, or will release you upon payment of bail or on your own recognizance. If you are released, they will give you a date to appear in court.

   If you were given a date by the jail to appear, or if you were given a citation with a date to appear, you were given a date to appear for Arraignment.

   First Appearance
   Arraignment is the time when the judge advises you about the charges filed, what the maximum penalties are, what your options are in regards to the charges. Upon finishing with this court appearance, you will be given a new court date to appear—unless you entered a plea of Guilty or No Contest.

   Those who hire attorneys can often skip this appearance if their attorney files an “Order on Arraignment”, which is the attorney’s certification to the court that the Attorney represents you, has met with you, and has advised you of your rights regarding the case.

   Mid-Case Appearance
   Whether you appear, or whether your attorney files an Order on Arraignment, you will be given a new court date to appear. This is the mid-point of the case. It is the point by which your attorney should have gotten all the information on your case, have reviewed it, and have discussed a possible plea offer with the Deputy District Attorney handling your prosecution. This appearance is where you or your attorney will inform the court of whether or not you have settled the case or if you intend to proceed to trial. It is also at this point at which plea negotiations cease and trial preparation begins. Many courts will not allow a Defendant to enter a negotiated plea after this point—it will be plea to everything charged and be at the mercy of the court, or go to trial.

   Trial Prearation and PreTrial Motions
   After this mid-point, you and your attorney begin trial preparation. Preparation for trial includes investigation—if that has not been done before the mid-point appearance.

   Other pretrial preparation includes the challenging of evidence in court. There are two basic or common ways to challenge evidence in court. The first is a Motion to Suppress, and the second is a Motion in Limine. Almost all DUII cases involve one or both of these motions.

   Trial
   A person charged with DUII has a right to a jury trial. You and your attorney will need to prepare to examine the jury, make opening statements about the case, conduct cross examination, and make closing statements. One issue that is important is that every defendant faces in a criminal prosecution is whether or not to testify. If you testify or if your attorney calls witnesses, then you must prepare for direct exam and brace for cross examination by the deputy district attorney prosecuting your case.

   Verdict
   This is the “pin-and-needles” time for most defendants. A case that goes to trial generally has genuine issues in favor of the defense, and so it is not easily foreseen whether or not you have won or lost. It is out of your hands at this point and you must patiently wait for the jury to decide which way they will go. The verdicts possible are: Guilty, Not Guilty, and Hung or Deadlocked.