Robert L. Sepp, Attorney at LawRobert L. Sepp, Attorney at Law2024-03-18T15:13:38Zhttps://www.rsepplaw.com/feed/atom/WordPress/wp-content/uploads/sites/1502196/2021/04/cropped-RobertLSepp-site-icon-1-32x32.pngOn Behalf of Robert L. Sepp, Attorney at Lawhttps://www.rsepplaw.com/?p=479802024-03-18T15:13:38Z2024-03-18T15:13:38ZOregon’s penalties for DUI convictions
Prosecutors and the courts have a lot of discretion when it comes to seeking and imposing penalties on those who have been convicted of a drunk driving offense. Here are some of the penalties that you could be hit with if you end up convicted on the charges you’re facing:
First offense: Your first DUI conviction could result in up to a year of incarceration, a fine of up to $6,250, license suspension for one year, and mandatory implementation of an ignition interlock device for a year.
Second offense: A second offense can result in the same amount of incarceration and just as big of a fine as a first conviction, but you’ll face three years of license suspension and two years of ignition interlock use.
Third offense: You’ll be hit with at least 90 days of incarceration and anywhere between $2,000 and $125,000 in fines. Your license will also be revoked. While you can petition to have your license reinstated after 10 years, you’ll still face years of mandatory ignition interlock use.
Some of these penalties can be heightened, too. For example, if you were driving with a child in the car at the time of your drunk driving arrest, then your conviction could lead to more significant penalties, including higher fines. So, be sure to fully assess the facts of your case so that you know what you could be up against in your case.
Aggressively defend yourself against drunk driving allegations
As you can see, there’s a lot at stake when you’re accused of drunk driving. That’s why you need to be prepared to aggressively defend yourself. And you can do so by exploring your defense options and choosing those that are right for you. If you need assistance with that, then please continue to read up on DUI defenses.]]>On Behalf of Robert L. Sepp, Attorney at Lawhttps://www.rsepplaw.com/?p=479792024-03-05T11:01:49Z2024-03-05T11:01:49ZAnother method is the field sobriety test. In addition, officers can interpret signs and symptoms of intoxication through the person’s movements and behavior. These are less scientific and people whose case hinges on their results should know to question their validity.
Understanding field sobriety tests and analysis
When a law enforcement officer testifies regarding an alleged DUI, they can reference the field sobriety tests. These include a driver who has trouble walking or is walking in an unusual way; has trouble standing upright; is unable to follow directions; emits a smell of alcohol; has problems with their speech; is behaving in an unruly manner; is showing signs of lack of muscular coordination; appears sleepy; is physically ill with vomiting or has nausea; is moody; or has bloodshot or watery eyes.
These are signs the officer can attest were happening at the time of the investigation. The Department of State Police has specific field sobriety tests that have been approved for use to gauge a person’s sobriety. Examples include the Horizontal Gaze Nystagmus test, walk and turn, one leg stand and touching a finger to the nose. There are others such as reciting the alphabet and counting.
With HGN, the officer must have been trained by an accredited organization. They will then use an object like a pencil or a penlight and hold it vertically in front of the driver around 12 to 15 inches from their face. They will move it back and forth and watch the driver’s eyes for signs of intoxication. Walk and turn and one leg stand are relatively self-explanatory.
Despite training procedures and rules for their use, these procedures are not infallible. There could be extenuating circumstances that make the driver appear to have been under the influence when they were not in violation of the law.
People charged with DUI can fight the charges
Since DUI can result in serious penalties including a driver’s license suspension, jail and fines, it is important to understand how tests are conducted and if flaws can render them inadmissible or reduce their impact. There are several ways to challenge the case including the justification for the traffic stop, the breathalyzer not being properly calibrated, the officer’s credentials being questioned or the tests being done in an unfair manner. It is useful to explore every option in a DUI case to try and reach a positive result.
]]>On Behalf of Robert L. Sepp, Attorney at Lawhttps://www.rsepplaw.com/?p=479782024-02-21T13:59:52Z2024-02-21T13:59:52ZWhat is a deposition?
A deposition is the process of questioning a witness, who is placed under oath, prior to trial. Witnesses are often required to answer questions even if they’re answers are based on hearsay, and the side that is responding to the deposition often doesn’t ask any questions. Although the deposition process is often thought of as being less formal than trial testimony, its ramifications are still important.
Why depositions matter
There are several advantages to taking depositions. Perhaps the most important is that it gives you the opportunity to file a motion in limine, which can block a witness from testifying against you. This is justified when you subpoena a witness to a deposition, and they fail to appear. Alleged victims of domestic violence incidents often do this, and when they do, you can blow a hole in the prosecution’s case.
Depositions have other benefits, too, including:
Locking witnesses into their statements so that you can highlight inconsistencies in their accounts.
Learning new information that can provide direction for the development of your criminal defense.
Identifying how witnesses intend to testify on cross-examination, giving you the ability to formulate your strategy before heading into trial.
Leave no stone unturned in your criminal defense
To maximize your chances of successfully beating the prosecution in your domestic violence case, you need to take a comprehensive approach to your defense. Be sure to assess all of your options in depth, including discovery tools like depositions, so that you can choose the path forward that best suits the facts of your case.
]]>On Behalf of Robert L. Sepp, Attorney at Lawhttps://www.rsepplaw.com/?p=479772024-02-05T12:30:08Z2024-02-05T12:30:08ZYour rights while incarcerated
If you are arrested for a crime and sent to jail, you should not say anything to the police or immigration authorities until you learn your risk of being deported. Remember that you have the right to remain silent and exercise that right. You do not need to tell them your immigration status.
You also have a right to receive calls or visits from your consulate while you are in jail. You should not be denied a request to call your Consul and request help or advice. This right applies to your family and attorney, as well.
The 48-hour detainer period
Once you are released from jail from your criminal charge, immigration authorities can request that you remain in custody for an additional 48 hours. This time limit does not include weekends and holidays.
The purpose of these detainer requests is to give immigration officials time to arrest you and begin deportation proceedings.
It is important to know that these detained requests are not the same as an arrest warrant, meaning there might be no legal right to keep you there.
Don’t risk a deportation
Additionally, if you are held by immigration for more than 48 hours after your scheduled release date from jail or prison, there is a good chance your rights are being violated.
Overall, you likely have more rights than you realize if you are charged with a criminal offense as an immigrant. Immigration officials sometimes count on immigrants not knowing their rights and use that to develop grounds for deportation. Do not let that happen to you.
]]>On Behalf of Robert L. Sepp, Attorney at Lawhttps://www.rsepplaw.com/?p=479762024-01-25T18:44:52Z2024-01-23T18:42:58Zwent into effect at the start of 2024 and drivers who might have innocently taken a medication or other substance with ingredients that are considered intoxicating could find themselves arrested and charged with DUII.
Common substances could spark DUII under new law
If a person takes cold medicine or ingests any substance that has ingredients that might lead to impairment, they might face a DUII charge if they are stopped by law enforcement while driving. While over-the-counter drugs have warnings about possible side effects, most will function under the belief that if they feel well enough to drive, it is safe to do so without serious risk of impairment.
Still, a dosage mistake or a combination of substances the person was unaware could be risky could result in a DUII. According to law enforcement, this does not automatically mean people will be at greater risk for arrest. There are myriad factors that are considered when law enforcement investigates a possible DUII and makes an arrest. Clear impairment – regardless of the substance the person is alleged to have used – will generally lead to an arrest.
Know the consequences of a DUII and how to fight the charges
Regardless of how the DUII charges came about and what substances the person is accused of having in their system when they got behind the wheel, the penalties for a conviction can be problematic in myriad ways.
Lost driving privileges, hefty fines and incarceration are possibilities. Then there are the underlying costs such as a DUII on their driving record, raised insurance and the negative connotations that accompany it when trying to get a job or achieve other goals. There are options to fight the charges. This is particularly true with a new expansion to the law. Trying to find a positive resolution is key to avoid long-term ramifications.]]>On Behalf of Robert L. Sepp, Attorney at Lawhttps://www.rsepplaw.com/?p=479742024-01-15T07:12:37Z2024-01-09T11:10:41Zacronym means “blood alcohol content.” Virtually every state including Michigan has enacted a statute that defines a particular BAC as the dividing line between sobriety and intoxication.
How is BAC calculated?
A person’s BAC can be determined in one of multiple ways:
A sample of person’s blood is subjected to chemical analysis in a facility with suitable facilities (usually a hospital) to measure the amount of alcohol that has been absorbed by the person’s blood stream; or
the driver submits to a test involving a hand-held device – usually referred to as a “breathalyzer” - that uses a sample of the person’s breath to measure the amount of alcohol in the person’s blood stream.
A third test, known as a “field sobriety test,” can be used to test for intoxication, but the test does not involve the concentration of alcohol in the blood stream and does not produce a BAC measurement.
Limitations on testing
Courts have ruled that a law enforcement officer cannot subject a person to a blood test without first obtaining a search warrant. On the other hand, because the breathalyzer test does not involve the violation of the defendant’s person, Michigan and other states have passed laws that state that any person who operates a motor vehicle on Michigan’s highways has implicitly consented to a breathalyzer test if a law enforcement officer has reasonable cause to believe that the person is intoxicated. (Most such laws are referred to as “implied consent” laws.)
The importance of a BAC
In Michigan, a person’s BAC has a direct bearing on determining whether they may have been driving while intoxicated. The BAC that divides sobriety from intoxication for persons over the age of 21 is 0.08%. The maximum BAC allowed for persons under the age of 21 is 0.02%.
Astute defense attorneys have developed several methods for challenging the results of a breathalyzer tests. Retaining such a lawyer may prevent a verdict of OWI and the ensuing penalties.
]]>On Behalf of Robert L. Sepp, Attorney at Lawhttps://www.rsepplaw.com/?p=479732023-12-22T18:38:52Z2023-12-26T18:00:22ZOregon courts are currently dealing with huge backlogs in their expungement systems.
According to news reports, the problem stems largely from a law that went into effect in 2022. Senate Bill 397 greatly increased the number of people eligible for expungement. As a result, the number of expungement applications skyrocketed. Unfortunately, the courts lack the resources to meet this increased demand.
After Senate Bill 397, Multnomah County went from about 50 per month to more than 800 per month. It now has a backlog of around 15,000 cases.
Motion to set aside
Expungement is a legal process that can seal records of arrest and conviction for certain types of crimes. Sealing these records can be very important for people who are trying to put their legal troubles behind them, as a criminal history can interfere with employment and many other parts of a person's life.
To begin the process, you make what is known as a motion to set aside your criminal or arrest record. If you are eligible and the court grants your motion, your record is sealed.
It's important to note that sealing your records with the court doesn't necessarily mean they disappear everywhere. You may still have to disclose an arrest or conviction when under oath, including in some immigration proceedings.
However, sealing criminal records can go a long way when you're trying to rebuild your life. It is wise to speak to a professional to learn more about whether your case is eligible for expungement, and to learn what you should expect from the process.]]>On Behalf of Robert L. Sepp, Attorney at Lawhttps://www.rsepplaw.com/?p=479722023-12-18T11:31:29Z2023-12-11T11:30:40ZField sobriety tests are a series of physical and mental exercises that police officers use to determine if someone is impaired. Failing field sobriety tests could provide officers with the probable cause necessary to make a DUI arrest.
Common field sobriety tests
Some common examples of physical field sobriety tests include being asked to walk in a straight line or stand on one leg. Mental tests can include being asked to recite the alphabet backwards or count backwards from 100.
You might also be asked to perform a horizontal gaze nystagmus test, which involves following a moving object with your eyes.
Police officers are looking for clues that indicate impairment, such as starting to walk too soon, being unable to keep your balance or recite the information they ask. With the horizontal gaze test, if your eyes cannot follow the object, it could indicate impairment.
You do not have to perform field sobriety tests
You do not have to answer any questions about what you had to drink. You can also say no to field sobriety tests, although you might be scared to do so.
If you find yourself agreeing to field sobriety tests, take a deep breath and try to relax before starting the test. Remember to keep your cool.
Pay close attention to all instructions given by the police officers. Ask a question if you do not understand something. Failing a test simply because you did not understand the instructions could lead to your arrest for DUI.
Don’t fake it
Do not try to cheat the tests or become too eager to prove your sobriety. Focus on balance and coordination, which is what many of the tests involve.
Field sobriety tests are not always the most reliable indicators of impairment. If your arrest is based on failing one of these tests, you could potentially have a strong defense to a DUI charge.
]]>On Behalf of Robert L. Sepp, Attorney at Lawhttps://www.rsepplaw.com/?p=479712023-12-04T21:57:51Z2023-11-27T21:56:44ZWhat types of crimes affect immigration?
Almost any felony or misdemeanor conviction on your record may impact your immigration status. However, certain crimes are considered more serious than others. Under the Immigration and Nationality Act (INA), crimes classified as “aggravated felonies” or “crimes of moral turpitude” will have the greatest impact on immigration status.
Some examples of these crimes may include:
Murder
Rape
Drug trafficking
Violent crimes with sentences of at least one year in prison
Simple assault
Fraud
Breaking and entering
How can I avoid deportation?
Non-citizens that are convicted of certain crimes may be removed from this country and returned to their last country of residence. If you are convicted of an aggravated felony, you may also face additional consequences, as in getting permanently banned from entering the U.S. or becoming permanently ineligible for U.S. citizenship.
If you are a lawful permanent resident at risk for deportation, you will likely be sent a notice to appear at a hearing in immigration court. During your hearing, the judge will review the circumstances surrounding your arrest and conviction and determine whether to issue an order of removal. An attorney specializing in immigration law will advocate for you to remain in the United States and find realistic solutions tailored to your specific situation.]]>On Behalf of Robert L. Sepp, Attorney at Lawhttps://www.rsepplaw.com/?p=479702023-11-21T15:44:10Z2023-11-09T15:40:35ZWas the traffic stop legal?
When examining potential defenses, the first place to look at is the initial traffic stop. The stop must be legal. Police officers must have reasonable suspicion to pull you over.
This means they must see you do something that makes them believe you are committing a crime. Without this, the traffic stop would be illegal and anything that happened during or after it could not be used as evidence.
Were your rights violated during the stop?
If the stop appears legal, the next step is to determine if any of your rights were violated during the stop or if the police officers did anything illegal or improper. Missing even one procedural step could get a DUI case dismissed.
For example, when you are placed under arrest, the police officers must read you your Miranda rights. They also cannot keep questioning you after you exercise your right to an attorney. A violation of these or any other procedures may provide you with a defense.
Were the tests you took properly administered?
Attacking the credibility of any tests is another defense strategy. Field sobriety tests are not always reliable, and they must be performed in a certain way.
If you failed a breathalyzer test, there is a chance the police officer did not administer the test correctly or the breathalyzer itself was not properly calibrated. Showing the tests results were inaccurate robs the prosecution of valuable evidence they need to prove their case.
The bottom line is do not panic if you have been arrested for a DUI. A thorough investigation of your case might uncover possible defenses.]]>