Keith L. Walker
Attorney At Law

4085 SW 109th Avenue
Beaverton, OR 97005

503-526-3555


Traffic Crimes, Oregon DUI Defense, Reckless Driving
Portland and Beaverton, OR. Defense Attorney

There are several traffic crimes, misdemeanors and felonies. They are all serious and carry license suspensions. You should seek legal advice to learn the options and the consequences of each charge.

  • Driving While Under the Influence (Alcohol or Controlled Substance) ORS 813.010.
    This is a misdemeanor and the first one within a 10 year period can be "diverted" (Diversion). If a person completes Diversion, the DUII will be dismissed after one year. Thereafter, the next DUII following Diversion carries a minimum sentence of 2 days jail, $1000 fine, and license suspension of one year.

    In addition to the criminal offense of DUII, if the Intoxilyzer result is .08% or higher, the Department of Motor Vehicles will suspend your driver's license for 90 days. You have a right to a hearing if you request one within 10 days of the arrest. Accordingly, time is of the essence and you should call an attorney immediately.

    The fourth DUII becomes a felony.

  • Reckless Driving ORS 811.140.
    This charge is a misdemeanor. A typical sentence for Reckless is a fine, sometimes community service or a Safe Driving Course AND a 90-day driver's license suspension. This type case is a difficult one for the prosecution to prove because of the definition of "Reckless" so it can often be negotiated to a Careless Driving which is not a crime but a traffic infraction.

  • Hit and Run (Failure to Perform the Duties of a Driver when Property is Damaged) ORS 811.700.
    This is a misdemeanor. If a person is injured, it is a felony pursuant to ORS 811.705.

    The typical sentence for the misdemeanor is a fine AND license suspension of 90 days. A felony sentencing can be much more severe. A thorough investigation of the charge can often reveal problems with the prosecution and, because of the seriousness of the consequences, you should seek legal advice.

  • Attempting to Elude ORS 811.540.
    This is a felony if attempting to elude while driving your vehicle but a misdemeanor if you get out of the vehicle and run. Often, a person charged with Attempting to Elude did not realize that a police officer was attempting to get their attention and have them pull over. You may very well have a defense to the charge and should seek legal advice.

    A typical sentence involves a fine AND a license suspension.

  • Driving while Suspended
    Infraction 811.175 (1) (a) Driving while suspended.

    Misdemeanor 811.182. Driving when suspended for recklessly endangering another, menacing or criminal mischief while driving; suspended for perjury or making false affidavit; suspended for refusing to take a breath test or blowing higher than .08%; suspended for being an habitual offender; being suspended for a crime punishable as felony, hit and run, reckless driving, attempting to elude, DUII.

    Felony. If suspension resulted from conviction for Murder, Manslaughter, Criminal Negligent Homicide or Assault with an automobile.

    Often a felony can be reduced to a misdemeanor or a misdemeanor can reduced to an infraction. Because of the seriousness of a conviction on your driving record, and the inconvenience of have your licence suspended again, you should consult with an attorney before simply pleading guilty or no contest.

 

We represent clients in the following areas of Oregon:

  • Aurora, OR
  • Banks, OR
  • Beaverton, OR
  • Cornelius, OR
  • Forest Grove, OR
  • Gaston, OR
  • Hillsboro, OR
  • Manning, OR
  • Newberg, Oregon
  • North Plains, Oregon
  • Portland, Oregon
  • Sherwood, Oregon
  • Timber, Oregon
  • Tualatin, Oregon
  • West Linn, Orgegon
  • Wilsonville, Oregon