Robert Crow Law

Can I expunge my three year old conviction?

robertcrow — Fri, 07 Jun 2013 00:09:44 +0000

Expunging, or setting aside, a conviction in essence is clearing the conviction, and record of arrest, completely off your record. However, there are hurdles and statutes that must be satisfied in order to be eligible. Firstly, the crime must be one which is eligible for expungement. No traffic offenses, such as DUIs or reckless driving, [...]

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I’m charged with a felony, what is my sentence going to be?

robertcrow — Thu, 16 May 2013 21:21:26 +0000

The Oregon Criminal Code establishes the maximum sentence you may receive on a felony charge (ORS 161.605). CLASS MAXIMUM SENTENCE A 20 YEARS B 10 YEARS C 5 YEARS However, the Oregon Legislature created the Oregon Criminal Justice Commission and tasked it with creating guidelines for felony sentences. The Criminal Justice Commission developed a scheme in [...]

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A DUI with a BAC of 0.05 instead of 0.08?

robertcrow — Wed, 15 May 2013 20:43:51 +0000

Currently, the threshold for a conviction of DUI in Oregon is impairment to a perceptible degree or a BAC (Blood Alcohol Content) of 0.08 percent or more by weight of alcohol in the blood. Thus, it is possible to be convicted of a DUI merely because your BAC is 0.08 or higher, even if you [...]

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I got a DUI, but wasn’t drunk, I didn’t drink anything

robertcrow — Tue, 14 May 2013 17:47:15 +0000

In Oregon, we have the crime of Driving Under the Influence of Intoxicants (DUII). An intoxicants can be alcohol (the most commonly thought of DUII) or a controlled substance. A controlled substance, in Oregon, is defined as a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of the [...]

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I got arrested for a DUI, but didn’t fail the field sobriety tests, but did fail the breath test. What now?

robertcrow — Mon, 06 May 2013 23:30:47 +0000

Oregon has laws dealing with DUI arrests and field sobriety tests and whether you are required to submit to them. While you can refuse to perform FSTs, a refusal to do them can be used against you in court. In essence, a prosecutor could bring up your refusal to try to indicate knowledge of guilt. [...]

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