Traffic crimes are tricky because they often give power to both the Criminal Court and the Department of Motor Vehicle to take action against you. Oftentimes, this is the suspension, revocation, and/or restriction of your driving privileges.

In Oregon, conviction of three or more traffic crimes within a 5 year period permits DMV to suspend your drivers license for an additional 5 years after whatever suspension the Criminal Court imparts.

There are often defenses that are not readily apparent to the ordinary citizen. If you are charged with a traffic crime, it is crucial that you seek counsel from an attorney who handles traffic crimes aggressively. Many people will believe that they are guilty, when in fact they are not guilty or have a defense set out by statute and not realize it. For example, a person whose drivers license is suspended oftentimes will go to court and plead guilty, not realizing that there was a defense as defined by statute (an example might be to seek emergency medical treatment).

A drunk driver might have a defense to the crime of Driving Under the Influence of Intoxicants if he/she can prove that it was Necessary to drive, even while impaired. An example of this might be for emergency medical purposes (two hunters out in the woods) or to avoid a greater crime (someone with a gun threatens the impaired driver, and only by driving away can he/she avoid the dangers).

The key is to seek competent, aggressive counsel sooner rather than later. Even without a readily apparent defense, traffic crimes can often be negotiated into a favorable position for a defendant. For example, a person who was convicted of Reckless Driving and DUII might later face a charge of Driving While Suspended. The right circumstances might exist to convince a prosecutor to reduce the severity of the crime from a crime down to a violation (akin to a speeding ticket), thereby avoiding the added 5 year suspension from DMV for receiving a major traffic crime within 5 years.

One downside to a traffic crime is that this is a category of crimes that cannot be erased (“expunged”).

Other traffic crimes can stem from crimes outside of the Motor Vehicle Code, such as the crime of Assault. A person who drives drunk and injures someone in that condition will be charged not only with DUII, but also with Assault. As a result, the Assault is a kind of traffic crime because if that person subsequently drives a vehicle without privileges, the crime of Driving While Suspended or Revoked moves from a misdemeanor to a felony with average prison terms from 16 months or higher.

Again, the key here is to have the sound, solid advice of an aggressive, competent defense attorney who handles traffic matters as a majority of his/her practice. This is the main focus of The CAPETTI GROUP Law Offices. Give us a call today for an immediate appointment.