Ignition Interlock Devices in Oregon: FAQs

DUII convictions come with all kinds of consequences. Even if you had an excellent DUII defense attorney and this was your first conviction, your driving privileges still have been suspended by an Oregon court. However, it may be possible to have those privileges reinstated by requesting a hardship permit. In most situations you will be required to install an ignition interlock device, or IID, in your vehicle. But what exactly are these devices and what kinds of regulations does Oregon have pertaining to them? We’ll answer some of those FAQs in today’s post.

When might I need an IID installed?

If you are arrested and later convicted of a DUII or enter into the DUII diversion program, an IID will be required for a hardship permit, for the DUII diversion program (in most cases), and as a requirement from the DMV (the length of time varies). This device functions as a mobile breathalyzer to ensure driver compliance and prevent intoxicated driving. If your driving privileges were taken away due to a DUII conviction, it may be possible to gain them back applying for a hardship permit, and installing an IID. While every DUII conviction in Oregon mandates a license suspension (one year for a first conviction, three years for a second [if it is within 5 years of the first], and a permanent revocation for a third), installing an IID will very likely be part of the process in most DUII situations.

What happens if I violate the IID testing?

If you attempt to operate your vehicle with alcohol in your system and you’ve already had an IID installed, a positive report will be recorded. This report will be passed along to the entity that monitors your case or conducted your assessment, after which the information will be given to the court. This could mean that you’ll have to place a call to your DUII attorney sometime in the near future. Some IID providers will charge the motorist a violation fee, while others will not. Your car will not start if you record a failed test; if the test is rolling, you will be able to navigate to a safe location when a negative test is recorded.

Can other people drive my car that has an IID installed?

Other people are allowed to operate your vehicle, but a breath test is still required from that driver to operate it. In addition, the offender is responsible for any and all breath tests. That means that if any other driver doesn’t perform the test correctly or alcohol is detected, you will be held responsible for that.

Do IIDs have a negative effect on cars?

Some people worry that the electrical draw required by IIDs will harm their vehicle. As long as your car’s electrical system is functioning fine, your IID should always operate correctly and your car will be completely unscathed. The amount of electricity required by IIDs is very small. Unless you don’t use your vehicle for a very long time, there’s no reason to worry.

How long do I have to keep an IID installed?

This does depend on the specific circumstances of your case, so your DUII attorney will be your best source of information. Usually, an IID must stay in your car for one year. But as of January 2016, IID users can qualify for early removal when no negative reports have been recorded for six months (in DUII diversion situations only). You may be able to petition the court to have your IID removed after 6 months.

While installing an ignition interlock device may seem like a nuisance, it’s often the best way to regain your freedoms and prove to the court that you can live as a law-abiding citizen. For more information about IID regulations or DUII charges, please contact our law firm today.

Distracted Driving in Oregon: How the Bill Passed in October Affects You

At any point during daylight hours, an estimated 660,000 drivers in America are using their phones or other electronics while operating a vehicle. In 2015, 391,000 people were injured and 3,477 were killed in accidents that involved a distracted driver. Each one of those people put themselves in a position to possibly have to hire a criminal defense attorney to help them in criminal matters. Each state has different penalties regarding cell phone and electronic use while driving, but many are adopting distracted driving laws.Picture1

For Oregon residents, distracted driving is becoming more of a punishable offense due to the state placing increased penalties on cell phone use while driving. The law took effect October 1, 2017, and corrects some definition ambiguity in an earlier bill passed in 2009, which allowed people to use cell phones for things other than texting and calling. Of course, the original bill didn’t intend for drivers to be able to play games on their phone while going 60 miles per hour down the highway, but the ambiguous wording provided a loophole for offenders.

With the updated bill, drivers are no longer allowed the use of many functions of their cell phone while operating their vehicles. According to the Oregon Department of Transportation, drivers can start or end functions on their phones if it is limited to a single touch or swipe and is hands-free. Meaning if your cell phone is dash mounted, you can take calls, but if you have to physically pick up your phone, then you’ll have to let it ring. The law applies to all electronics including laptops, GPS, tablets, and any other device not permanently mounted in your vehicle. The bill allows drivers to dial emergency services only if there is no one else in the car able to do so.

With the new restrictions on electronic use and distracted driving, drivers will have to be more cautious than ever when operating their vehicles. If you get into an accident in which someone was injured or killed, and they have reason to suspect you were distracted in any way, you could face serious charges and should contact a criminal defense attorney right away. Accidents without injury have a three-tier system with up to a $2,500 fine and six months jail time for the third conviction.

If You Are Arrested For Prostitution or Solicitation: 3 Things To Know

Picture1Every year, approximately 80,000 American citizens are arrested for solicitation. Although such arrests are fairly common, that doesn’t mean they shouldn’t be taken seriously. In fact, these criminal allegations can have serious consequences, regardless of the specific circumstaces. That’s why you should contact a prostitution defense attorney right away if you are arrested for these kinds of sex crimes. But what else should you know about prostitution charges?

  1. You can remain silent

If you have been arrested in a prostitution sting of some kind, you do have the right to remain silent. Just because you are handcuffed and taken into custody does not mean you’ve lost these rights. Should a police officer question you, you can invoke your rights by telling them that you will not answer any questions until your attorney is present. Police may use tactics to get the information they need, but your attorney can protect you from self-incrimination and can ensure the best outcome for your situation.

  1. Arrests can occur even if no money was exchanged or sexual act took place

Remember that what you say can be used against you (in more ways than one). In many cases, simply offering to exchange money or other compensation for sexual activity can get you arrested. As long as the offer or agreement has actually been made, the sexual act doesn’t actually have to take place. The compensation doesn’t even have to be exchanged for these criminal allegations to be brought against you. The other person doesn’t even have to be willing or able to commit prostitution for you to be charged.

  1. The consequences extend beyond fines and jail time

Yes, you should be concerned about steep fines or spending time in jail. But these may actually be the least of your worries. The financial, professional, and personal implications of these criminal allegations can be even worse than the legal consequences. If your name and mugshot are published on a website or in the newspaper, you may find yourself a social outcast with no job, no relationship, and no future. If you are in the country illegally, it could even result in deportation. At the very least, your reputation will be sullied and one quick internet search will make sure your work and your relationships suffer significantly.

Prostitution charges have the power to impact your entire life, especially if you go without experienced legal representation. If you or someone you know is facing charges of prostitution or solicitation, contact Jared Justice today.

Accused of a Sex Crime in Oregon? Here’s Why Hiring a Lawyer Is a Must

When you are accused of a crime of any kind, it needs to be taken seriously. But sex crimes carry more weight than a DUII or other minor criminal matters. If you have been accused of prostitution, commercial sexual solicitation, sexual assault, or other crimes similar to this, you should absolutely consult with a sex crime defense attorney to ensure your rights are protected in a court of law. Let’s take a closer look at why having help from a sex crime defense attorney is a must in these situations.

These criminal allegations can have a huge impact on your future

First of all, even a criminal accusation has the power to derail your future plans. While your lawyer can’t necessarily erase any damage that’s been done, they may be able to help clear your name in various ways or ensure that your side of the story is adequately represented. There’s no doubt that being arrested and tried for such a crime could damage your reputation and put your job, your family, and your entire future in jeopardy. The consequences associated with these crimes means that the stakes are even higher if you’re convicted. If you are convicted of prostitution or commercial sexual solicitation, you could face up to 364 days in jail and fines ranging up to $6,250. The bottom line is that you cannot afford to take that kind of chance with your life.

The legal system is difficult to navigate

Whether or not you are actually guilty of the charges you face, you deserve to have an experienced lawyer by your side. Without legal assistance, you may very well face much harsher consequences than necessary. While hiring a sex crime defense attorney is not a guarantee that you’ll have the charges dismissed or that you’ll be found not guilty, you’ll fare much better in a court of law if you have help from someone with real experience and skill to defend you.

Different circumstances require different legal defenses

When you work with a lawyer who is well-versed in Oregon sex crimes and proper defenses, you’ll be able to benefit from a defense that’s created with the particulars of your case in mind. But if you try to defend yourself or you hire a lawyer without much experience in this area, your defense may not be strong enough to prove your innocence or even cast doubt on the situation at-hand. For those who are accused of sex crimes, it’s imperative to hire a lawyer who fully understands the possible defenses for your case in order to choose the best tactical defense.

If you are accused of a sex crime, you may feel scared, confused, and entirely overwhelmed. In times of great stress, it’s vital that you have reliable legal assistance. Contact Jared Justice today to find out more information or to set up a consultation.

DUII FAQs: Your Drunk Driving Questions Answered

Picture1No matter where in the country you’re located, drunk driving is a serious offense. It’s important to understand how the law might impact you or someone you know.
In Oregon, DUII laws are sometimes a bit difficult to understand. That’s why we’ve put together this FAQ guide to ensure you know your rights and can protect yourself with help from a DUII attorney, should the need ever arise.

What is the difference between a DUI, a DWI, an OUI, and OWI, and a DUII-CS?

These abbreviations do mean slightly different things, but they all indicate the same concept: operating a motor vehicle while under the influence of some kind of intoxicant. In Oregon, the term “DUII” is used to mean “Driving Under the Influence of Intoxicants.” Terms like DUI and DWI are not used here, but they do refer to the same sort of crime in other states. Some states use terms like OUI (“Operating Under the Influence”) or OWI (“Operating While Impaired”), but Oregon does not utilize these terms. DUII-CS is used here in Oregon to mean “Driving Under the Influence of Intoxicants: Controlled Substances,” respectively. The last term means that a driver has been accused of drugged driving rather than drunk driving.

What is the legal threshold for a DUII in Oregon?

The state prohibits any driver from operating a vehicle if they have a BAC of .08% or above. That means that if your blood alcohol concentration is .08 or above, you are presumed to be legally intoxicated. However, you can actually face a DUII charge even if your BAC is lower than .08 if the arresting officer believes you are “adversely affected to a noticeable and perceptible degree” by intoxicants. To put it plainly, that means that if an officer thinks you’re impaired you can still be arrested and prosecuted for a DUII. That’s why it’s so important to stay sober on the roads and to contact a DUII law firm right away even if you know you were below the legal threshold, yet you were still arrested.

What are the penalties for a DUII conviction?

As any Oregon DUII attorney will tell you, the penalties for this crime vary quite a lot depending on your history and the circumstances of the crime itself. Even a first-time offender may face harsh penalties, like Oregon’s mandatory one-year driver’s license suspension or the installation of an Ignition Interlock Device. Other possible penalties for DUII charges include steep fines, jail time, house arrest, electronic monitoring, probation, court-ordered treatment programs, regular drug and alcohol testing, and more. There are many factors that play a role in the penalties an individual might face, but no matter what, they can have a huge impact on one’s future. Therefore, having an experienced DUII attorney on your side is an absolute must.

What should I do if I’m arrested for a DUII?

If you are arrested on suspicion of DUII, you should contact an attorney who practices DUII law right away. If you wait too long to do so, you may miss important deadlines or be unable to gather important evidence to support your case. You should also avoid talking about your case with anyone else before discussing it with your attorney. With complex and serious legal matters like these, you should follow your lawyer’s advice, rather than that of your well-meaning friends and family members.

If you or someone you know needs legal assistance following a DUII arrest in Oregon, contact Jared Justice today.

3 Reasons You Can’t Go Without a DUII Attorney

Approximately 10.3 million people reported driving under the influence of illicit drugs in 2012, and drunk driving is even more common. If you’ve had the misfortune of being arrested on suspicion of DUII, you may be scared, stressed, and confused. These feelings are all totally normal. However, that doesn’t mean you have to stay that way. By working with a DUII law firm, you’ll have someone on your side to fight for your rights. But why exactly do you need a DUII attorney in Clackamas County to represent you? Let’s take a closer look at why you shouldn’t go through this process alone.

You don’t know how to navigate the legal system

No matter how many crime shows you’ve watched or legal terms you recognize, there’s a whole lot you won’t be familiar with. The legal system, especially as it pertains to DUII defense, is extremely complex. And what little you might think you know could very well be inaccurate (as TV storylines often are). Truly, one of the worst things you can do is attempt to represent yourself when facing DUII allegations. You’ll undoubtedly make costly mistakes that could be avoided with help from an experienced lawyer. By working with a DUII attorney in Clackamas County, you’ll have reliable assistance throughout this process and will have someone protecting your best interests.

Your future is at risk

In Oregon, even first offenses are taken very seriously. Whether you made a regrettable mistake or have issues with substance abuse, your arrest can have huge ramifications. Just being arrested can have an impact on your life; as can a license suspension, legal fees, and car insurance premium increases. But if you don’t have legal representation, the consequences could be even worse. Having a misdemeanor or felony conviction on your record could upset your entire life. You might not be able to secure a job, find housing, or support your family. With so much at stake, you cannot afford to take these allegations lightly. And by not having legal representation, those potential consequences become a lot more likely.

A good lawyer can provide solutions

While every case is different, the bottom line is that you probably won’t be able to successfully argue legal points, challenge evidence, or reduce a possible fine or a jail sentence on your own. An experienced attorney will give you the best chance of moving on from this incident with the least amount of damage. Whether it’s a sobriety test inconsistency or a negotiation to reduce jail time, your lawyer will work hard to ensure no stone is left unturned.

If you are facing a drunk driving charge, you need a DUII attorney in Clackamas County who has the experience and passion to defend your rights. Contact Jared Justice today to schedule a consultation or to find out more information.

What Your DUII Defense Lawyer REALLY Wants You To Know

Although the average drunk driver has driven while intoxicated around 80 times before they’re arrested for the first time, that doesn’t mean you’ll never get caught.
More than likely, your mistakes will catch up with you. During this period, it’s imperative that you have a capable DUII defense attorney by your side, protecting your rights. Picture1You’ll have time to ask your lawyer plenty of questions, but if you’re worried about your future, you may forget to inquire about some of the most important pieces of information pertaining to your case. We’ve compiled a list of things that DUII attorneys really want their clients to know.

When hiring a lawyer, you shouldn’t rush to make a decision

When you’re facing a possible DUII conviction, you will of course need to secure legal representation as soon as possible. But don’t be in a hurry to hire the very first lawyer you find. You need to find a lawyer who’s experienced in the type of case you’re dealing with and who has a stellar track record in court. You’ll also want to work with a lawyer who is a suitable match for your personality and needs. For example, even if you’re having a consultation with a real heavy hitter, you shouldn’t automatically hire them if they’re far too expensive for you to afford, or you feel they don’t have your best interests at heart. Give yourself enough time to meet with reputable DUII defense attorneys in your area so you aren’t forced to make a rash decision under pressure.

You may want to save up your vacation days for court

A lot of people fail to realize just how much time a court case can take up and how little say their attorney has over when court appearances are scheduled. Your attorney’s and your own availability aren’t actually what determines court dates; it’s the availability of the judge and their clerks and assistants that actually matters. You’ll likely need to be present for these proceedings whether the timing is convenient or not. In many cases, you won’t have a lot of advance notice. This means that flexibility is key, which can be tough if you work a full-time job. Many people have no choice but to use up their paid vacation and/or sick days for these purposes. If you have a choice between paid and unpaid time off, you may still want to consider using your paid days first, as legal expenses can add up quickly and court cases may not be resolved as quickly as you may think.

Keep in mind that your appearance matters

In general, Americans dress more casually than ever before. But when you go to court, you should look professional. That means you need to take care with your clothing and your general appearance. Dress modestly and nicely (think conservative church clothes, if in doubt). If you look like you’re going out to a club or like you just came from having a lazy day on the couch, you’re doing it wrong. Be sure to clean up facial hair or wear very natural makeup. The judge wants to see that you care about your future and about presenting yourself in a positive light. Your DUII defense attorney can provide more specific information about how you should present yourself in court in terms of both appearance and behavior. You’ll want to follow their instructions to the letter.

Although every court case is different, there are certain factors that are pretty universal. When facing a DUII allegation, you’ll want an experienced and honest DUII defense lawyer to help you along the way. For more information or to set up a consultation, contact Jared Justice.

Commercial Sexual Solicitation Charges In Oregon: What You Need To Know

You might assume that you’ll never be personally impacted by prostitution related crimes. But in 2013, an Arizona State University study found that approximately 3.7% of the entire adult male population in Portland—an estimated 31,282 men—solicited prostitutes Picture1through online sex advertisements. That means that you or someone you know could be directly affected by commercial sexual solicitation (which is sometimes referred to as patronizing a prostitute). Here’s what you should know about commercial sexual solicitation, including what may transpire if you are charged with this particular crime.

What Is Commercial Sexual Solicitation?

Formerly known as patronizing a prostitute, commercial sexual solicitation refers to paying, or offering or agreeing to pay, a fee in exchange for sexual contact or conduct.

How Are These Sex Crimes Punished?

Commercial sexual solicitation is a Class A misdemeanor in Oregon. This type of crime is punishable by up to 364 days in jail and/or up to $6,250 in fines. If you are convicted of this crime, the possibility or amount of jail time served will be determined by several factors, including the crime itself, your criminal history, the court/county in which you are charged, the judge who hears the case, and whether or not your judge feels you’ve taken responsibility for your actions. Your punishment can also be mitigated by the experience of the prostitution attorney in Portland representing you in your case.

What Should I Do If I Am Arrested For Commercial Sexual Solicitation?

If you are charged with commercial sexual solicitation or any other sex crime related to prostitution, you should contact a prostitution attorney in Portland who has the experience needed to defend your case in court. Although such crimes are likely more common than most people think, they should still be taken very seriously. Being convicted of such a crime could potentially impact your family and even your entire future. It’s extremely important that your attorney have a well thought-out strategy for your defense. When you need help from a lawyer who has your best interests at heart, contact Jared Justice.

Ignition Interlock Myths: Debunking Mistaken DUII Beliefs

Picture1Although we know that driving under the influence of intoxicants is a highly dangerous decision, the reality is that people drive impaired almost 300,000 times each day. However, fewer than 4,000 are arrested. If you do happen to be arrested and get convicted or enter diversion, you will likely have to get an ignition interlock device. This device prevents an individual from operating the vehicle after consuming alcohol by requiring the driver to blow into a mouthpiece that detects and records the presence of alcohol.

While that might sound simple enough, DUII defense attorneys are asked countless questions about IID requirements, such as factors that could lead to a false reading and whether or not their clients are responsible for installation costs. Confusion surrounding ignition interlock devices often leads to widely held misconceptions. We’re setting the record straight on a few of those below.

MYTH: I’ll fail my IID test if I consume certain foods.

Reality: This one can be true under specific circumstances. IID’s are meant to detect even very small amounts of alcohol in your system, so eating foods—like pastries containing yeast or spicy cuisine—or swishing around alcohol-based mouthwash could skew your reading if you don’t wash out your mouth with water and wait a few minutes before blowing into the IID. Make it a practice to wait 15 minutes after eating or drinking anything prior to getting into your car.

MYTH: Rolling re-tests are unsafe and could cause an accident.

Reality: You’ll have more than enough time to take a rolling re-test safely. When you first get into your vehicle, you’ll need to blow into the device to start your engine. You may also be required to take a re-test sometime during your ride. This could be distracting, it is important to always drive cautiously while using this device.

MYTH: IID’s can shut off the car engine at any time.

Reality: An IID won’t just shut off your vehicle, even if you fail a breath test. These devices prevent a vehicle from starting, but they won’t shut down your car in the middle of a ride for any reason. Taking a rolling re-test will record the violation if you fail, but it won’t stop your car and put you in harm’s way. Remember that the job of an IID is to keep you and others safe. If you have further questions about what your IID is capable of (and what it can’t do), be sure to ask your DUII defense attorney for clarification.

MYTH: IIDs can drain your car battery.

Reality: Unless you just don’t drive your car for two weeks straight, it’s unlikely that your interlock device will drain your battery to the point where it wouldn’t start. It’s understandable that you’d be worried about damage to your vehicle, but this isn’t something you’ll really need to be concerned about. As long as your vehicle’s electrical system is in good working order, there’s no reason why an IID should harm your battery.

MYTH: These devices are expensive to install.

Reality: It’s true that you will have to bear the cost of the IID installation and operation. Some states do have programs to help offenders who cannot afford these costs. Fortunately, they probably aren’t as high as you’d think. MADD estimates that installation costs anywhere from $70 to $150 to install, and anywhere from $60 to $80 every month for calibration and device monitoring. Your DUII defense attorney will tell you that you should refrain from drinking alcohol during this time, so the money you’ll save on alcohol purchases could easily go towards this expense.

If you’ve been charged with driving under the influence of intoxicants, you’ll need an experienced DUII defense attorney to help protect your rights. Contact us today to learn more.

In My Defense: Examples Of Defenses Used In Solicitation Cases

Although being charged with commercial sex solicitation can be scary and stressful, it doesn’t mean you’re trapped in a hopeless situation. An experienced prostitution attorney will know how to argue a legitimate defense on your behalf. You should always be honest with your attorney so they are in the best position to defend your rights. Knowing the facts of your case, they may use one of the following as a defense during your trial.

In some cases, prostitution attorneys will find it’s appropriate to use a “mistake” defense. For example, if the defendant did not intend to engage in a sexual act (e.g., if they simply made a date with an escort service without knowing sex acts were involved), they might not be found guilty under the law. This is an appropriate defense for someone who was arrested in an area known for prostitution or in a massage parlor. This defense could also be explained as a “wrong place, wrong time” situation.

If there is no recorded evidence to support the solicitation charge (i.e., recordings, video footage, or physical evidence), your attorney may use this to argue on your behalf. If there was merely a vague conversation that took place, rather than a concrete agreement that involved the exchange of money, prostitution attorneys may argue lack of evidence. Alternatively, your lawyer could argue that the offer of solicitation was merely a joke rather than a proposition. When the evidence can’t sufficiently convict you, the charges may be dismissed or you may be acquitted.

The bottom line is that if you have been charged with commercial sex solicitation, you need a qualified attorney to defend your rights and represent you in court. Jared Justice is here to help. For more information or to schedule a consultation, contact us right away.