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Portland Criminal Defense Law Blog

What is the fine for DUI in Oregon?

With a recovering economy, money is tight for many people. People often don't have extra money to pay for unnecessary expenses. People may turn to cheaper forms of entertainment -- like drinking with friends -- to fill their time instead of more expensive options. However, Oregon residents should be aware that being convicted of drunk driving can lead to financial consequences.

You can be found guilty of driving under the influence if your blood alcohol content level is above the state's legal limit of .08 percent. If you are convicted of DUI, you can be sentenced to a variety of penalties. While many people think of jail time or driver's license suspension, there are also large fines that can accompany a DUI. Many may wonder just how much they will have to pay if found guilty.

Rollover accident leads to DUI charges for Portland man

A car accident in Oregon will often lead to an investigation by police. They police will try to determine why the accident occurred. If they believe that alcohol was a factor in the incident, the driver or drivers could face criminal charges for driving under the influence.

Recently, a Portland man was charged with several criminal charges including DUI following an accident. According to reports, the 36-year-old man was accused of rear-ending a 67-year-old woman while driving on Interstate 5 near Cottage Grove around 12:30 a.m. while he was driving a 1999 Honda Civic. Police claim that following the initial impact, the Civic left the road, hit a sign and landed on its top.

Understanding decriminalization of marijuana possession

There has been a lot of discussion about marijuana use and possession in the news over the last several years. Some states have legalized marijuana -- including Oregon's neighbor Washington -- some states have decriminalized marijuana and others continue to prosecute all marijuana possession cases. Furthermore, the federal government has added to the confusion by continuing to treat marijuana possession as a crime.

The legalization of marijuana occurs when a state removes all criminal charges associated with the drug within the state. This means that people in those states -- including Washington -- will not be punished for the recreational use or possession of the drug. However, there are generally restrictions about the amount of marijuana that can be used, locations where use is allowed and the age of legal participants. Oregon has not legalized marijuana in this way. Neither has the federal government.

What is shoplifting?

Most Oregon residents stop into a store from time to time to do some shopping. In these cases, it can be easy for someone to grab something from the store and inadvertently forget to pay. People can also intentionally leave with items. In these cases, people can face misdemeanor charges for shoplifting. These charges can result in damage to a person's reputation, jail time, fines, restitution and more. These penalties can interfere with a person's life.

Whether they are in a grocery store, clothing store or electronics, people may wonder what constitutes shoplifting. In general, the location does not matter when it comes to shoplifting. Instead, shoplifting charges generally focus on a person's intent. In most cases, in order for something to be shoplifting, the person must have intended to deprive the owner of possession of the item permanently without paying. Furthermore, the person must take or willfully conceal an item being offered for sale.

You need immediate help with felony charges

Under Oregon law, most crimes are classified as either misdemeanors or felonies. Felonies are very serious offenses that -- upon conviction -- can result in more than a year in prison. However, people may not realize how varied felony crimes are. Felony crimes can include anything from drug charges to charges for sex crimes or theft. Whether something is classified as a misdemeanor or a felony can change the way prosecutors handle a case, and how, if you are charged, you should handle your defense.

From the time a felony charge is brought against a person, prosecutors will begin preparing a case. Prosecutors will use their vast financial resources and professional abilities to ensure a conviction. This will happen very quickly. Within a very short amount of time, prosecutors can amass a great deal of evidence against a particular defendant.

Criminal defense: Oregon felons lose rights to own firearms

There are many consequences, if one is convicted of a felony in Oregon. While there are criminal punishments associated with a particular crime -- including fines, jail or prison time, probation and more -- there are also other penalties. First, convicted felons lose their right to vote. Second, convicted felons may have to report their criminal record on housing and employment applications which can limit future opportunities. Third, convicted felons lose the right to carry or own firearms.

Violating the restrictions on convicted felons -- including the weapons rule -- can lead to additional criminal charges and penalties in the future. For example, a 23-year-old Oregon man was recently arrested on charges of felon in possession of a firearm after a traffic stop.

Oregon woman faces felony charges for child assault

A 40-year-old woman faces felony charges in an Oregon court after the alleged murder of her daughter and the attempted murder of another daughter. According to police, the woman checked in to an Oregon resort with her 2-year-old and 13-year-old daughters in late July. Three days after entering the room, a cleaning crew found the girls. According to police, when the cleaning crew found the 13-year-old, her neck was slashed. However, the girl was still alive. The 2-year-old was apparently found drowned in the bathtub.

According to reports, the 13-year-old wanted to die because her father was trying to get custody over her and her sister during a divorce. Reports claim that the 13-year-old helped her mother drown the 2-year-old before the mother used a numbing agent and sleeping pills to cut the older girl's throat.

Implied consent and field sobriety tests in Oregon

In order to make an arrest for driving under the influence, Portland police must have evidence that the person is intoxicated. To gather this evidence, police will often perform one or more blood alcohol content level tests. These tests can include breath tests, blood tests or field sobriety tests. Unlike breath tests or blood tests, a field sobriety test cannot read the exact amount of alcohol in a person's blood. Instead, the test measures certain behaviors and reactions that can suggest that a person has been drinking.

When people are questioned by police following a traffic stop, they may want to refuse to submit to a field sobriety test. Nonetheless, under Oregon code section 813.135, refusing a field sobriety test is not allowed. According to that statute, any driver on Oregon's roads has given implied consent to submit to the test. This rule applies to anyone operating a vehicle on the state's highways or on any road open to the public.

Ten arrested on drug charges in Southeast Portland

Multiple law enforcement agencies can be involved investigating a person for criminal behavior. When this occurs, every person involved in the investigation must respect the person's constitutional rights during the investigation. This means that inherent right to privacy must be respected and that police must obey search and seizure rules -- including executing a search warrant before searching a person's home.

Recently, three law enforcement agencies -- the Department of Community Justice, the Gresham Police Department and the Portland's East Precinct, Street Crimes Unit and Drug Division -- worked together to execute a warrant on a home in Southeast Portland. According to the police officers, the home was being investigated for identity theft and accusations of drug activity. The house on 76th Avenue was eventually searched and led to the arrest of 10 people on drug charges.

Portland police officer arrested on suspicion of drunk driving

Police in Portland, Oregon, will arrest anyone they believe is driving under the influence. As a recent case shows, this also includes members of their own force. According to police, a 43-year-old sergeant with the Portland Police Department was recently arrested for DUI. Police claim that the arrest took place after the man supposedly crashed his 2014 Jetta into a yard, fence and fire hydrant, causing $5,000 worth of damage on 190th Drive at around 10:00 a.m.

Following the accident, police allege that the man was taken to a local police department. While there, he was offered a blood alcohol content level test. It is not known if the police officer took the test or his BAC level. However, the man was charged with second-degree criminal mischief, reckless driving and DUI.

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