Attorneys Peter Carini and William Francis specialize in defending persons accused of major traffic crimes, including driving under the influence of alcohol, controlled substances and prescription medications.About Peter Carini
RESULTSThis is a list of some recent cases where our clients prevailed:
- September 6, 2013: State v. D.C., Medford (DUII and Reckless Driving): Prevailed at DMV hearing. Both cases dismissed after multiple hearings on motions to suppress.
- September 5, 2013: State v. M.F., Medford (DUII): Prevailed at DMV hearing. Case dismissed after successful hearing on motion to suppress.
- August 26, 2013: State v. W.P., Medford (DUII): State dismisses after successful hearing on motion to suppress.
- August 13, 2013: State v. S.V., Medford (DUII): Dismissed after hearing on defense motion to suppress evidence.
- August 13, 2013: State v. N.B., Medford (Felony DUII and Recklessly Endangering Another Person (2 counts)): Acquittal by jury on all counts.
- July 30, 2013: State v. A.S., Medford (DUII, Reckless Driving and Failure to Perform Duties of a Driver): Acquitted by jury on all counts.
- July 30, 2013: State v. G.S., Medford (DUII): Acquitted by jury at trial.
- July 16, 2013: State v. J.D., Medford (DUII): State dismisses charge after successful motion to suppress evidence.
- July 9, 2013: State v. D.W., Medford (Manufacture of Controlled Substance): State dismisses all charges.
- July 3, 2013: State v. M.B., Grants Pass, Josephine County Circuit Court: (DUI): Prevailed at DMV. DUII case dismissed.
- June 18, 2013: State v. A.M., Medford (DUII): Acquitted by jury at trial.
- June 4, 2013: State v. J.M., Medford (DUII): Dismissed by State on trial date.
- February 20, 2013: State v. L.F., Medford: (DUII): Acquitted by jury.n
- February 12, 2013: State v. B.L., Medford (DUII): Hung jury.
SERVING ALL OF SOUTHERN OREGON
When you call this office, someone will take your call. Immediately. Your questions will be answered courteously and promptly. You will be connected to an attorney without delay.
Immediate legal aid, Medford, Oregon, and all of Southern Oregon, including Grants Pass, Klamath Falls and Roseburg.more
PETER CARINI, ATTORNEY
william francis, attorney
William Francis has been a trial attorney in Oregon since 1994. His practice is devoted to the defense of persons charged with major traffic crimes such as driving under the influence of alcohol, prescription medications or controlled substances. William Francis appears and successfully defends clients in courtrooms and at jury trials throughout Oregon.About William Francis
ARTICLES: YOUR DUII ATTORNEY
WHEN TO RETAIN AN ATTORNEY
If you haven't gone to court yet for your first appearance (your "arraignment"), consider retaining your attorney early. An attorney can track your court dates and appear with you in court, in person. This reduces the risk that the court will issue a warrant for your arrest.
As soon as your case begins, your attorney can speak to the judge on your behalf. Generally, your attorney will tell you to say nothing in the courtroom. Your lawyer should ask the judge to enter pleas of "not guilty" to every charge, and in so doing deny every allegation made by the police or the prosecutor. If you have been charged with the crime of DUII you will want to appear in court, in person, but the attorney you retain should do the rest.
You will want your attorney to get to work immediately on your defense. As soon as representation begins, your attorney should remind the Government's lawyers that they will be compelled, if necessary, to produce all of the evidence the police and the prosecutor intend to use against you in court. Your attorney will know how to analyze this evidence for weaknesses in the Government's legal position as your case is prepared for dismissal, settlement or trial.more
THE BEST OFFER IS NOT THE FIRST OFFER
There is an advantage to retaining an attorney who you know will take your case to trial if necessary. There is no reward for accepting the first offer from the state's attorney. The Government can be forced to prove its case at trial.more
YOUR LAWYER CAN FILE MOTIONS TO SUPPRESS THE EVIDENCE
Before trial, motions can he filed and hearings held on the admissibility of the evidence against you. Recently, the courts have been excluding breath test results from evidence.more
CHALLENGES TO DMV LICENSE SUSPENSIONS
If your attorney is thorough, subpoenas duces tecum will be issued to the police, requiring them to appear before an administrative law judge and to produce the evidence they acquired in their DUII investigation. The evidence the police have gathered can often be used against the police, to challenge a petition to suspend your driving privileges.more
CRIMINAL ANDThese offenses are included in the areas of law practiced at this firm:
- Driving Under the Influence of Intoxicants
- DUII: Prescription Medication
- Reckless Driving
- Criminal Mischief
- Felony and Misdemeanor Traffic Offenses
- Breath Test Refusal
- Breath Test Failure
- Driver License Suspension
- Commercial Driver License (CDL) Suspension
- Vehicular Assault / Homicide
- Suspension / Loss of Professional and Occupational Licenses
YOU DON'T JUST HAVE OPTIONS.
YOU HAVE STATUTORY AND CONSTITUTIONAL RIGHTS.
TRIAL ATTORNEYS TAKE CASES TO TRIAL
Trial attorneys - and their clients - believe in the wisdom of the jury and the common sense of ordinary Americans.
If you have been arrested, you will likely be shocked when you finally get to read your police reports. Police are trained to conduct their investigations and write their reports so that every fact will be interpreted as evidence against you.
Fortunately, there are immediate legal defenses to typical police accusations. A competent defense attorney can: (1) challenge the lawfulness of the stop, (2) point out police errors in administering field sobriety tests, (3) move to have any breath or chemical test excluded from evidence and (4) impeach the expert witnesses who work for the police, regarding the reliability and meaning of the scientific evidence the Government intends to use against you.
REASONABLE DOUBTAs you make the decision to fight the DUII charge that is pending against you, it is important to remember that the prosecution must prove its case beyond a reasonable doubt. Every element of the Government’s case must be proven beyond a reasonable doubt.
If the Government is unable to prove any legal element of the DUII offense, or if it comes to light that the police improperly conducted any breathalyzer, blood, urine, or other chemical or physical tests, the Government will have failed to prove guilt beyond a reasonable doubt.
Many who made the decision to fight a DUII charge learned through their experiences that it didn’t matter that police said that they “failed” a “field sobriety test” or that they “failed” a breath test. The result of a police test doesn’t automatically mean that a DUII case is lost, or that a person charged with the crime of DUII is “automatically guilty.”
PRESCRIPTION MEDICATIONS AND MARIJUANA
Times have changed. The typical DUI / DUII case is no longer limited to drinking and driving. The police are arresting more drivers for operating a vehicle under the influence of prescription medications and marijuana. Find a lawyer who is experienced in defending drivers accused of operating a vehicle while under the influence of medications.
Before deciding on who will be your legal counsel, consider speaking with a defense lawyer who has received police training in standardized field sobriety tests as well as training in police "drug recognition expert" protocols.
DUII: THE BASIC ELEMENTS OF THE CRIMEThere is no law against drinking and driving in Oregon. There is no law against using a controlled substance and driving. There is no law that prohibits driving while feeling the effects of alcohol or a controlled substance. There is a law against driving while visibly impaired by alcohol, a prescription medication or a controlled substance.
You are presumed to be “impaired” – under the influence of an intoxicant – if a chemical test shows your blood alcohol concentration (BAC) is .08% or higher. However, police often arrest drivers who have a BAC that is lower – sometimes much lower – than that.
The police and the prosecutor will often try to convict a driver with less than .08 BAC by alleging that the person was “adversely affected to a noticeable or perceptible degree.”
Frequently, police accuse drivers of being impaired by the medications prescribed by their own doctors.
TALK TO A TRIAL LAWYER
From the first day, a capable trial lawyer will analyze every issue with the knowledge that the state's case will always contain factual, legal and scientific errors and omissions.
DIVERSION IS NOT RECOMMENDED
Sometimes, diversion is an option, but only as a last resort. Diversion is a government-sponsored behavior modification program. It is administered by the probation department in cooperation with the courts, the police and treatment providers.
A person entering diversion is required to plead guilty or no contest to a crime. The federal government considers diversion to be a conviction for a crime. If you enter diversion, you may not be allowed to enter other countries, including Canada.
There are two benefits the state offers to first-time DUII defendants as an inducement to accept a diversion agreement: (1) there is no risk of a one-year driver license suspension and (2) there is a guarantee that no jail time will be ordered.
diversion will always appear on your criminal recordContrary to common belief, diversion does not remove your guilty plea from your criminal record.
Although your case will be dismissed at the end of a year (if you successfully complete diversion) the record of your case will always be available to the public. This record is permanent. It will always show that you were charged with a crime and that you pled guilty or not contest. Your criminal record will always show that a court ordered you into alcohol and drug treatment.
YOU HAVE 30 DAYS TO DECIDE ON DIVERSIONThe decision to enter diversion should never be made during a first appearance. Before you plead guilty to a crime, you should read the police reports and review the evidence, preferably with your lawyer. Oregon law provides that you can petition the court to let you enter diversion within 30 days of your first appearance.
AN ATTORNEY CAN HELP YOU SAVE YOUR DRIVER'S LICENSEIf the police kept your driver's license, you were probably given a DMV form, telling you that your license is being suspended, because you were supposed to have either "failed" or "refused" to submit to a chemical test of your breath, urine or blood. This "implied consent" suspension is an administrative matter. It is a completely separate matter from the criminal DUII charge that is filed in circuit court.
An administrative law judge from the Oregon Office of Administrative Hearings will hold a hearing, take evidence and make an order about whether the police and the DMV should win. If they do, your license will be suspended.
A typical, first-time license suspension is for 90 days. DMV will issue a hardship permit after 30 days of the 90-day suspension.
In a DUI case, it's always in a defendant's best interests to challenge the DMV license suspension. Some cases are dismissed outright for police errors. Others can be won.
YOU HAVE TO FILE A REQUEST FOR A DMV HEARING WITHIN 10 DAYS OF YOUR ARRESTAny DUI defense attorney should be happy to help you file your hearing request. No attorney should charge a fee for this service.
Your DMV hearing request form should state specifically that the police are to bring certain items to the hearing, including video, photographs and police reports. The Office of Administrative Hearings Case Management Unit will comply with requests that subpoenas be issued, which can be served on the police.
If you don't file your hearing request within 10 days of your arrest or citation, it's likely that an order will be entered, suspending your license.
COURT OPINIONSOregon Supreme Court Opinions Oregon Court of Appeals Opinions
STATUTES AND RULES
CONTACTCarini & Francis, Attorneys
800 W. 8th St.
Medford, Oregon 97501
open daily 8 a.m. - 5 p.m.
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knowledge is power
If you have been arrested or cited for DUII, you need to be represented by a legal specialist. If you have been charged with the crime of DUII, you should find a lawyer whose law practice is devoted to cases just like yours.
You’re facing a charge that can have serious consequences. If you plead guilty to a DUI charge, or if you plead not guilty and are convicted, you will be sentenced to jail time. The court will order you to pay fines and you will be placed on probation. You will have a criminal record forever. Professional licensing agencies and employers may deny or terminate jobs. The court will suspend your driver’s license for at least a year. Your insurance company will certainly increase the premiums you will have to pay. Other collateral consequences also may happen, such as revocation of security clearances or reductions in credit ratings.
An experienced and highly-trained DUII specialist will know how – and when – to make the legal motions that force the district attorney to reveal the flaws in the State's case.
A skilled DUII attorney can make the difference in your criminal history when the police accuse you of driving under the influence of alcohol, marijuana or prescription medications.If you were asked to provide a blood or urine sample, it is highly probable that you are being charged with driving under the influence of prescription medication. Your case is defensible if you have an attorney with the qualifications to cross-examine the police officer who examined you. This police officer would have been certified (by a police agency) as a "Drug Recognition Expert" (DRE). A DRE is not a medical expert. A DRE is a police officer who has had more police training.
The State is also likely to call a laboratory scientist to prove its case.
The chances of winning at trial (or having the case dismissed outright) are greater in drug DUI cases than they are in alcohol DUI cases. If a defense attorney knows the DRE material better than the officer who testifies, and knows the laboratory testing protocols better than the lab analyst who testifies, it will become obvious to the judge or the jury that there are problems with the state's "scientific" evidence.
A skilled DUII attorney can defend you from all of the charges that have been filed against you, such as vehicular assault, Reckless Driving, Reckless Endangement or Criminal Mischief.
A defendant has the right to demand that criminal charges be dismissed if evidence was unlawfully obtained.
Recently, the most common cause for a dismissal is the failure of the police to obtain a warrant before requiring a driver to submit to a breath test.
In other cases, the court may order that a case be dismissed because the stop of a vehicle by the police violated a defendant's constitutional rights. Common reasons for dismissal are the failure of a police officer to follow police standards in administering field sobriety tests, and the inadmissibility of a chemical test because of a problem with laboratory equipment or procedures.
Your freedom, reputation and driving privileges are valuable and worth preserving.
A competent defense attorney will require the prosecutor to produce all of the Government's proof, and will appear in court if there is a fight over any point of fact or law.
The DMV can suspend your driver's license.
The DMV hearing is a separate proceeding from a circuit court case. It is an opportunity for a defense attorney to question police officers under oath, shortly after arrest. It is important to preserve police testimony so that there will be no claims of memory problems later. If there’s video and audio, it is subject to review at the hearing. The DMV hearing is the only place to get direct, sworn testimony from the police before the district attorney’s office gets involved and begins to counsel the police officer on legal nuances.
Demand to see the evidence.
Specifically, any criminal defendant should demand that the district attorney's office provide:
• The name and address of anyone the State plans to call as a witness, as well as copies of every written or recorded statement of their testimony. (This will allow time to prepare questions for them.)
• Any information or material in the State’s possession which would show that our client is not guilty of the charges, or which may help get a lighter sentence.
• Copies of records showing that the equipment used for tests was functioning properly, and that the person giving the tests was properly certified.
• Proof that you were advised of your rights.
Specialized DUII lawyers take cases to trial statewide.
This law firm regularly represents clients in courtrooms in Medford, Grants Pass, Klamath Falls, Newport, Roseburg and Eugene. Recently, cases have been taken to trial in Jackson, Josephine, Curry, Lincoln and Lane Counties.
CARINI & FRANCIS, ATTORNEYS