PORTLAND OR ○ BEAVERTON ○ HILLSBORO OREGON
If you’ve been arrested and charged with DUI in Oregon, you probably have a lot of questions regarding your options and how to proceed to attain the best result possible. Chances are you are going to want experienced and aggressive legal help with the problem you are now facing. Daniel Cross is a tenacious, aggressive and experienced Criminal Law and DUI Defense Attorney serving the Portland, Oregon Metro area. Since 1993, Daniel Cross has practiced law and since 1999 his practice has emphasized DUI Criminal defense.
10 days to request a DMV Hearing
You have only 10 days to request a DMV hearing following a license suspension The DMV license suspension process is separate from the criminal charge of DUI that is filed in circuit court. The DMV will suspend your license if you refused or failed a blood, breath or urine test. If the police provide you a notice that your driver’s license will be suspended, the DMV will schedule a hearing on the proposed suspension only if you request a hearing within 10 days from the date of your arrest. Do not confuse the DMV hearing with your court date. You will still be required to appear in court personally on the date entered on your citation.
Why the DMV Hearing is important
If you’ve been charged with DUI, retaining an experienced attorney quickly is crucial. If you’ve been charged with DUI chances are you were notified by the arresting officer that your license would be suspended. The DMV Hearing is an invaluable tool as it allows your DUI Attorney to attain sworn testimony from the officer, before they have a chance to prepare to the case for trial with the District Attorney. This testimony can also be used as your case progresses, such as in trial to contradict testimony given on the witness stand.
Oregon DMV Hearings and Drunk Driving Charges
Being charged with DUI can have serious repercussions on the status of your Oregon drivers license for years to come. When you choose to have qualified legal representation at your DMV Hearing, you´re making the smart choice to have an experienced attorney fight to have your driving privileges reinstated. Your DMV Hearing will be a separate proceeding from your criminal trial, and, as such, it is highly recommended that you have an experienced Portland area Drunk Driving Attorney representing you during this DMV Hearing.
Dan Cross Can Help
Dan Cross, Attorney at Law, is experienced and aggressive. For 20 years he has defended the rights of his clients when it comes to DMV Hearings and DUI Charges. Attorney Dan Cross prepares your case for the hearing and, if appropriate, will work with field experts, doctors, and witnesses to construct an aggressive legal strategy to make sure you have the best possible defense.
Information Regarding DUI Diversion Elegibility
Determining Eligibility for DUI (Drunk Driving) Diversion Program
You are eligible to participate in the DUI Diversion Program if:
- You meet all of the requirements described in the Petitioner Sworn Statement of Eligibility; and
- You have not already pled guilty or no contest to the present DUI charge, or if you already pled not guilty to the charge, no trial on the DUI charge has yet begun; and
- You appeared in court on the date scheduled for your first appearance on the charge or the Court finds good reason for your failure to do so;
- You file your diversion petition with the Court within 30 days from your first court appearance on the charge, unless the Court finds you have a good reason for the delay.
- To enter the DUI Diversion Program, you must waive the following rights:
- You have a right to have the DUI charge decided without unnecessary delay. You must agree to give up this right in order to enter into a diversion agreement with the Court. If you are allowed to enter the diversion program, the Court will stay the prosecution of the charge against you. If you fail to complete the program the prosecution will continue.
- This paragraph applies to you only if you are charged with other offenses in addition to DUII and the additional charges are from the same alleged episode. All offenses alleged to have been committed at the same time must be prosecuted at the same time. The diversion agreement between you and the Court applies only to the DUII charge. Prosecution of this charge only will be delayed during the diversion program period. Other charges will be prosecuted separately from the DUI charge and will not be delayed by the diversion agreement.
- By requesting to enter into a diversion agreement, you are giving up the right to have the DUII charge decided at the same time as your other charges (former jeopardy).
- Pay the Court a filing fee, a unitary assessment fee, and a program administration fee (these fees vary depending on the court you´re appearing in).
- The Court will give you the name and address of a diagnostic agency. You agree to contact this agency and undergo an evaluation to determine the extent of any alcohol or drug abuse problem you may have. You will be referred to a treatment program and will be required to follow the recommendations of this treatment program. You must pay associated fees directly to the agency that performs the diagnostic assessment and treatment. You may be required to pay the court additional fees above the fees for your diagnostic assessment.
- You must complete the recommended treatment program. This treatment program must be completed at your own expense. If you cannot pay the cost of treatment, be sure to tell the counselor at your first meeting. The treatment facility may find that you are qualified to have some portion or all of the cost of treatment waived and often may allow payments over time.
- You will be required to attend a victims impact panel. The cost of the victim impact panel varies, and is paid by you.
- You agree to not use intoxicants and at all times must comply with all federal, state and municipal laws.
- You agree to keep the Court advised at all times of your current mailing and residential addresses. This is extremely important, since notices will be mailed to you by the Court and by the treatment program to the address you provide.
- If the Court allows you to enter into the diversion program and if you keep these agreements, the Court will dismiss the DUII charge at the end of one year.
- The Court will terminate this diversion agreement if the Court finds that you have violated the terms of the diversion agreement or that you were not eligible for diversion to begin with. The Court will make this determination at a hearing where you can “show cause” why you should not be removed from the diversion program. To show “cause” means that if you can show the judge why you should not be removed from the program, the judge will allow you to continue to participate in the program. Notice of such hearing will be sent to you by regular mail. If you fail to appear in court as direct by the mailed notice, the Court can terminate the diversion agreement and prosecution of the offense will be resumed.