Portland Criminal Defense and Personal Injury Attorneys

Call Now: (503) 620-9887

Effective January 1, 2017,
Gilroy & Napoli, LLC and Short Law Group, P.C. have merged to form Gilroy Napoli Short Law Group LLP.

Last week, the state  sent a clear message to Oregon DUII offenders when it sentenced repeated drunk-driver John Cole Cargren, 47, to 43 years in prison. Cargen killed four people as a result of driving under the influence on I-84 last October. The DUII conviction is his fifth since 1984.

Cargren was charged with four counts of manslaughter along with the criminal DUII charge. Read Portland’s KATU news coverage of the incident here.

From a DUII law perspective, this tragedy offers an opportunity to point out interesting aspects of DUII law here in Oregon and its relationship with Oregon criminal law. An Oregon DUII is usually a misdemeanor charge. The penalties for a class A misdemeanor conviction vary widely and are determined by several factors relating to the case. A DUI conviction can carry a fine up to $6,500, a lifetime revocation of driving privileges, up to a year in jail, and mandatory attendance in DUII awareness programs. Completion of these programs shows a commitment to altering criminal behavior and can help reduce penalties; Cargen failed to complete any mandated DUII programs until 1999.

After a driver’s third DUII charge, an extremely rare instance but not unheard of as evidenced by Mr. Cargren, the punishments stiffen harshly. At this point the driver can be charged with a Felony DUII according to Oregon criminal law.

Many drivers never get to this point because Oregon DUII law affords several opportunities for DUII offenders to get back on track after a drunk driving conviction. If the offender has a quality DUII attorney, they will be counseled to complete all mandated DUII programs and change their habits to avoid another DUII conviction. A second or third DUII charge is much harder to defend than a first.

Interestingly, under Oregon criminal law DUII offenders cannot enter into a plea agreement, they must plea to their charge. This means that most people who face a DUII charge plead guilty and enter in to the state’s Diversion Program, where after a year, the DUII charge is removed from their record. This structure highlights the state’s commitment to reduce repeat DUII offenders, while simultaneously offering relief to people who commit an unfortunate lapse in judgment.

Drivers in Oregon should be grateful for this opportunity to remove their DUII charge from their record and get on with their lives. But, according to a 2005 study commissioned by Multnomah County, about 1/3 of participants fail to complete the Diversion Program. These drivers are more likely to be arrested for a DUII and face the harsh penalties that await repeat offenders. The state of Oregon hopes to entice DUII violators into this program to lower recidivism.

If you are convicted of a DUII in Oregon, the state affords several opportunities to get your life back. The drivers, who never learn from their mistakes, do not attend programs, ignore their DUII lawyers, and repeat their crimes, risk forfeiture of their freedom. If you are convicted of a DUII, please, follow the sound advice of your DUII lawyer and complete the generous programs offered by the state, I’m sure Mr. Cargen wishes he did.

Gilroy & Napoli Reviews

"I used John Gilroy with Gilroy & Napoli to represent me in a very complex and multi-faceted case. I travelled from Hawaii to deal with my case and made a point to interview several different firms. I felt instantly comfortable with John and his staff and never felt judged or looked down upon. Since I live across the Pacific Ocean and am not in state to deal with this legal matter, finding the right lawyer and firm was essential. My requirements were the following: knowledge of the law, loads of experience, amicable connections, excellent communication, likability, cost and ability to think outside the box. John Gilroy far exceeded my expectations on all accounts. His resume, experience and knowledge of the legal system are outstanding and his contacts and connections saved me both time and money. The amount I saved from his thinking outside of the box and directing me clearly on what to do covered more than his fees; I ended up saving money by using Gilroy and Napoli. He's also a very nice guy. This may not seem important; however, having a lawyer who has a good reputation among his peers and colleagues is necessary. Many lawyers will reference that they know everyone in the system, but he genuinely does. His professional history outlines it and my experience proves it. I highly recommend John Gilroy and Gilroy & Napoli."

"Needing a criminal attorney is a very scary and humbling thing. The best decision I made in this process was choosing John Gilroy to represent me"

"Things are very different from the laws in our home state. My wife found Jeff and John through Google and it was the best find ever. Jeff met with us and explained how the laws are administered, what to expect worst case and what he thought would be the outcome; (we came out better than expected). More importantly, he promised no surprises: and he delivered. The entire office was extremely professional, instilling the confidence we needed in a time when calm and reason are called for. Jeff Napoli is by far the most competent attorney I have witnessed and he knows the law. Jeff is very highly respected in the Washington County legal environment and for good reason. Thank you Jeff and thanks to the entire office."

"To anyone reading this take the time and make the call. It will change your life. Before talking to Mr. Napoli, I felt like I was all alone with no one in my corner. The staff at Gilroy & Napoli are so attentive to specific needs, I never felt alone. The strong and powerful feeling you need to fight your battle is there. Please call them. Let them hear your story. Don't be afraid. It was by far one of the most important calls I have ever made and will never ever be more thankful for their hard work."

"From the beginning John was straightforward, knowledgeable, and concerning. John helped me understand the process, and through his knowledge and experience was able to help me make complicated decisions. Considering that a measure 11 conviction carries a mandatory minimum sentence of 5 years 10 months in prison, the fact that John was able negotiate a significantly less sentence and a class of felony that would be expungeable was a good outcome considering the above mentioned possibility. After my release I sought John's representation again to have the felony expunged from my record, and again he delivered. Thank you John, I cannot say that enough!"

"I was scared and trembling. I didn't even know the difference between and misdemeanor and a felony, but I knew our family needed immediate legal help. I was greeted by the calm, kind and friendly voice of John Gilroy. He gave me information, advice and answered all my questions. I soon found that John was a family man who wanted nothing but the best for us. He took charge, worked hard and kept us informed every step of the way. John is well known and respected and he knows what needs to be done and how to do it.Of course you never want to make the call to an attorney, but if you have to, make it to a friend...Gilroy and Napoli."

“I used John Gilroy with Gilroy & Napoli to represent me in a very complex and multi-faceted case. I . . . .

I used John Gilroy with Gilroy & Napoli to represent me in a very complex and multi-faceted case. I travelled from Hawaii to deal with my case and made a point to interview several different firms. I felt instantly comfortable with John and his staff and never felt judged or looked down upon. Since I live across the Pacific Ocean and am not in state to deal with this legal matter, finding the right lawyer and firm was essential. My requirements were the following: knowledge of the law, loads of experience, amicable connections, excellent communication, likability, cost and ability to think outside the box. John Gilroy far exceeded my expectations on all accounts. His resume, experience and knowledge of the legal system are outstanding and his contacts and connections saved me both time and money. The amount I saved from his thinking outside of the box and directing me clearly on what to do covered more than his fees; I ended up saving money by using Gilroy and Napoli. He's also a very nice guy. This may not seem important; however, having a lawyer who has a good reputation among his peers and colleagues is necessary. Many lawyers will reference that they know everyone in the system, but he genuinely does. His professional history outlines it and my experience proves it. I highly recommend John Gilroy and Gilroy & Napoli.”

“Needing a criminal attorney is a very scary and humbling thing. The best decision I made in this pro. . . .

Needing a criminal attorney is a very scary and humbling thing. The best decision I made in this process was choosing John Gilroy to represent me”

“Things are very different from the laws in our home state. My wife found Jeff and John through Googl. . . .

Things are very different from the laws in our home state. My wife found Jeff and John through Google and it was the best find ever. Jeff met with us and explained how the laws are administered, what to expect worst case and what he thought would be the outcome; (we came out better than expected). More importantly, he promised no surprises: and he delivered. The entire office was extremely professional, instilling the confidence we needed in a time when calm and reason are called for. Jeff Napoli is by far the most competent attorney I have witnessed and he knows the law. Jeff is very highly respected in the Washington County legal environment and for good reason. Thank you Jeff and thanks to the entire office.”

“To anyone reading this take the time and make the call. It will change your life. Before talking to . . . .

To anyone reading this take the time and make the call. It will change your life. Before talking to Mr. Napoli, I felt like I was all alone with no one in my corner. The staff at Gilroy & Napoli are so attentive to specific needs, I never felt alone. The strong and powerful feeling you need to fight your battle is there. Please call them. Let them hear your story. Don't be afraid. It was by far one of the most important calls I have ever made and will never ever be more thankful for their hard work.”

“From the beginning John was straightforward, knowledgeable, and concerning. John helped me understan. . . .

From the beginning John was straightforward, knowledgeable, and concerning. John helped me understand the process, and through his knowledge and experience was able to help me make complicated decisions. Considering that a measure 11 conviction carries a mandatory minimum sentence of 5 years 10 months in prison, the fact that John was able negotiate a significantly less sentence and a class of felony that would be expungeable was a good outcome considering the above mentioned possibility. After my release I sought John's representation again to have the felony expunged from my record, and again he delivered. Thank you John, I cannot say that enough!”

“I was scared and trembling. I didn't even know the difference between and misdemeanor and a felony, . . . .

I was scared and trembling. I didn't even know the difference between and misdemeanor and a felony, but I knew our family needed immediate legal help. I was greeted by the calm, kind and friendly voice of John Gilroy. He gave me information, advice and answered all my questions. I soon found that John was a family man who wanted nothing but the best for us. He took charge, worked hard and kept us informed every step of the way. John is well known and respected and he knows what needs to be done and how to do it.Of course you never want to make the call to an attorney, but if you have to, make it to a friend...Gilroy and Napoli.”

Latest Articles

Topics

Blogroll

Gilroy Napoli Short LLP

12755 SW 69th Ave #201
Portland, OR 97223
Phone:
503-620-9887

Fax:
503-620-4884

Google Map

Gilroy Napoli Short LLP is a full-service law firm providing exceptional legal representation to clients in Oregon and the greater Portland metro area.