1. Remorse. This is your first DUII emotion. It happens the moment you see the police cruiser's flashing lights in your rear-view mirror. Remorse may not be the right word. If you could kick yourself at this moment, you would.
We are often struck by the misconceptions people have about drug charges.
Perhaps it's because they are on drugs and aren't thinking clearly - or they are just avoiding the painful possibility of arrest and prosecution.
Unfortunately, ignorance does not lead to bliss in a court of law. If you subscribe to any of these common misconceptions, we urge you to wise up, and to stay out of serious trouble.
Misconception: Legalizing marijuana did not legalize impaired driving
Oregon legalized the use of recreational marijuana a year ago. Almost immediately, the number of arrests for driving under the influence skyrocketed. You may avoid one criminal charge, but if you are reckless behind the wheel, you will surely face another.
Misconception: A gift of illegal drugs does not make them any less illegal
Many people suppose that if they give drugs to a friend, that does not constitute delivery of an illegal substance because they accepted no money for it.
There was a time when retail crime meant something relatively minor, like shoplifting, or a hijacked truck. In recent years, however, stores around the country have demanded laws to protect them against major crimes by organized entities. This accounts for the wave of organized retail crime laws.
Oregon recently passed legislation strengthening its commitment to fighting ORC. Nationwide, 34 states have such laws in place.
What is organized retail crime?
Organized retail crime is bigger and smarter than small time crime. It includes pawn shops, storefronts, flea markets and kiosks where stolen goods can be fenced. Some gangs specialize in ripping off return and exchange departments. ORC also includes internet-based scams categorized as e-fencing.
Criminals are also finding ways to manipulate store return policies. According to the survey, 68 percent of respondents said they had experienced thieves returning stolen merchandise for store credit, which is often resold to secondary-market buyers.
Following a spate of high-profile arrests of Mexican immigrants, the Ninth Circuit Court of Appeals ruled in 2013 that police must provide a Spanish translation when reading the Miranda rights to non-English speaking immigrants. The court also ruled that the translation must be correct and intelligible.
That means if a Spanish speaking, non-English speaking suspect is arrested and tried, and it is later found that his or her Miranda rights were not properly read, all the testimony that he or she gave during the arrest should be dismissed.
Michigan State researchers have found a way to reproduce fingerprints with a printer. The police were then able to use the fingerprints to unlock a murder victim's cell phone, recent news reports say.
This technological advance gives police a valuable tool to investigate crimes. At the same time, it raises concerns about the security of smartphones and the reliability of fingerprint evidence.
There are many circumstances under which you might have your license suspended or revoked.
These circumstances include driving under the influence of intoxicants (DUII), committing five traffic offenses within a two-year period, disregarding court-ordered child support orders and failing to provide a chemical sample (blood, urine, breath) at the time of your DUII arrest.
Many people don't realize that a gun trust is a valuable tool during the estate planning process. It allows gun-owners to transfer their firearms to their heirs without having to worry about legal problems.
It's important to know, though, that gun trusts are state-specific. For example, an Oregon gun trust must be in compliance with Oregon State law.
Here are a few other questions and answers about gun trusts in Oregon.
Unless an individual meets the requirements found in ORS 166.291, Oregon county sheriffs are required to issue concealed handgun licenses because Oregon is a "shall issue" state. Some situations arise, though, causing an individual to have a handgun license denied. If you believe you've received a denial without reasonable grounds, you do have legal recourse.
Intoxalock, a manufacturer of ignition interlock devices, has chosen Short Law Group in Portland as one of its attorney partners.
Many people think that a DUII arrest necessarily leads to a conviction. But the truth is, many DUII charges can be beaten. That's because every DUII case has one or more defenses.
When taking a case, an experienced defense attorney will thoroughly review the chain of events leading to the arrest. These are but a few of the factors that can lead to a dismissal of charges or a not guilty verdict: