What is the Penalty for Driving While Suspended, Felony Offense, ORS 811.182

[gena1022]

My question involves criminal law for the state of: Oregon

[cmre3456]

It depends on the underlying reason for the suspension, your overall driving and criminal history, and whether the ticket is a violation, a misdemeanor, or a felony.

I'm not finding an ORS 811.18 but it's early in the morning.

[flyingron]

That's because it's 811.182. I'm trying to decipher what the question is here. It's a class B felony if it is the felony case. That's good for up to ten years. You definitely need a lawyer if you're facing that.

[cmre3456]

Well, I said it was early in the morning, LOL.

Of the top of my head I knew that it could be anything from a violation to a felony. Depending on the person's history, if the underlying cause for the suspension wasn't real serious (someone died) it might be plead down. If the reason for suspension was, say, driving without insurance and the person has an otherwise clean record, it might be easy to plead down but right now we really don't know anything.

If the prior facts are serious and it's also a felony charge, there will be a huge fine and some serious jail time.

OP, do you want to tell us more about it?

[gena1022]

The reason for the suspension would be because "Jane Doe" was charged in 2003 for Criminally Negligent Homicide,Assault 3,Reckless Driving,DUII. "Jane Doe" did not have a criminal history prior to those charges in 2003."Jane Doe" has not had any kind of contact with the law enforcement in between 2003 & now,until she got pulled over 2 weeks ago for having her high beams on,the officer then explained she was under arrest for a DWS felony.The citation is marked "Criminal/other" & "Traffic". I am sorry i forgot the "8" at the end of 811.182. Thank you so much for responding to me.Have a great day.

[flyingron]

Jane Doe needs a lawyer. I see no defense here. This is bad. The fact that she hasn't been caught breaking the law in the interim means little.
Presumably she was eligible to get a license (I think it's a five year period), though that fact doesn't negate the guilt here.

[cmre3456]

Yes, Jane seriously needs a lawyer. A criminal defense lawyer to be specific.

Did Jane get any jail time and/or probation in 2003? If so, is the probation period over? If it's over and Jane was otherwise eligible for a license, this "might" be an ordinary DWS meaning maybe just a misdemeanor. The time period makes it complicated.

Just remember that no judge will act as Jane's lawyer. Only what issues Jane raises will be considered. A lawyer will do that.

If this is criminal and Jane can't afford a lawyer, she's entitled to a court appointed one, and that must be requested at the first hearing. That is the first thing out of Jane's mouth with no discussion of circumstances of the driving and no plea. The case will be continued until Jane has that lawyer. Jane has a right and a duty to herself to remain silent until she has a lawyer. Jane is responsible only to identify herself.