Daniel J. Lounsbury Attorney at Law Legal Blog
What must the state prove in a per se DUI case?
In many driving under the influence of intoxicants (DUII) cases, commonly just called DUI cases, video footage of a driver swerving back and forth on the road or evidence of a serious motor vehicle collision they caused can serve as proof of impairment. If the state...
Unsafe firearm handling can trigger assault charges
To many people, the word assault is synonymous with a physical fight or an attack on another person. They envision someone acting with the intent to harm someone else or an incident that causes injuries severe enough to necessitate immediate medical attention. Many...
When is an Oregon theft offense treated as a felony?
People accused of shoplifting or taking property that belongs to other people could face theft charges. Especially if the person accused of theft has no prior experience with the criminal justice system, they might expect to receive lenient treatment. People may...
How does the Third Party Doctrine affect evidence?
The Third Party Doctrine can affect how the police gather evidence from a person's cellphone or mobile device. Even if officers cannot get the evidence from that device itself, they may be able to obtain it from another entity that has been voluntarily given control...
Do you have to answer questions during a traffic stop?
Police officers often ask questions during a traffic stop. They should be related to the stop itself, and they are often relatively simple. The officer may ask the driver where they are going and if they have had anything to drink that day. They could ask if the...
What is the age of consent in Oregon?
Many people think of acts of violence when they think of sex crimes. However, offenses that are sexual in nature are sometimes technical violations rather than aggressive and violent criminal acts. For example, the state can bring statutory rape charges against an...
Probation violations are serious legal matters
People who are facing criminal charges might be sentenced through probation through a plea deal or after a criminal trial. While this sentence allows them to them to remain in the community instead of going to prison, it’s a program that comes with very specific...
What if a breath test device was not properly calibrated?
If you are arrested on suspicion of driving under the influence, the police will probably give you a breath test. The goal of this test is to measure your blood alcohol concentration. They are essentially checking to see if alcohol is present in your system and...
Probation violations have special concerns
Being sentenced to probation in a criminal case means that the individual is able to remain in the community while they serve out their sentence. During their term on probation, they must ensure they comply with specific conditions. Failing to follow those conditions...
What actually happens after a first-offense DUI arrest?
A DUI arrest can feel overwhelming, especially if you have never been through the process before. The uncertainty of what comes next often adds to the stress of the situation. While every case is unique, the general path from the initial stop to a court appearance...