The Oregon Supreme Court stated in State v. Standerfer: “The state cannot use an invalid prior conviction in a subsequent prosecution if to do so would lead to a disposition of the subsequent offense less favorable to defendant than that which would obtain in the absence of the prior invalid conviction. Thus, an invalid prior conviction may not be used to support guilt or enhance punishment in a subsequent criminal proceeding.” This would include a prior drunk driving conviction or anything derived from that DUI conviction being used as an impediment to someone entering into an Oregon DUII diversion program. An Oregon DUII criminal defense lawyer can use the Oregon Supreme Court’s decision in Standerfer to evaluate whether someone may still be eligible for Oregon’s Driving Under the Influence of Intoxicants (drunk driving) diversion program even though it may appear that the person has a prior DUI conviction within the last 15 years. If the lawyer can make the case to the court that the prior DUI conviction was an invalid, uncounseled conviction where the defendant did not make a knowing and intelligent decision to waive his right to have an attorney assist him in that case, it may be possible for that individual to still be eligible for Oregon’s DUII diversion program.
Oregon appellate courts prefer that trial judges ensure a knowing and voluntary waiver of a right to an attorney in a manner as they set forth in State v. Meyrick, back in 1992:
“A colloquy on the record between the court and the defendant wherein the court, in some fashion, explains the risks of self-representation is the preferred means of assuring that the defendant understand[s] the risks of self-representation.”
The Duvall Law Office represents individuals throughout the state of Oregon charged with felony and misdemeanor criminal charges, including felony DUIIs (drunk driving) and misdemeanor DUIIs. Our office is located in Eugene, Oregon, but we represent criminal and DUII defendants in Lane County Circuit Court in Eugene, Oregon, Benton County Circuit Court in Corvallis, Linn County Circuit Court in Albany, Douglas County Circuit Court in Roseburg, as well as the various municipal courts including Eugene Municipal Court, Springfield Municipal Court, Junction City Municipal Court, Cottage Grove Municipal Court, Florence Municipal Court, Coburg Municipal Court, and other municipal and justice courts throughout the region. Please contact our office if you would like to schedule an appointment to discuss your case: 541-345-4500.