I haven’t paid all of my fees, will they kick me out of diversion?

The Oregon Vehicle Code (ORS 813.200) created a program called Diversion for first-time DUI offenders (or those who have not completed an alcohol or drug diversion program to avoid a conviction within the last 15 years), who also satisfy certain other eligibility requirements for diversion.

Diversion Completion Requirements

To successfully complete the diversion program, and have your DUI dismissed, you must satisfy certain requirements:

Leeway in fees

In May of 2013, the Oregon legislature passed, and the governor signed, HB 2627, which created some leeway in the fee requirements. HB 2627 amended ORS 813.255, which established the criteria for when and why diversion will be terminated. If a person in diversion has paid all, but $500 or less of the required fees and the person pays the fees by 5 PM on the day of the hearing to terminate diversion as unsuccessful, the Court will still dismiss the DUI charge. Thus, in essence, a person is granted an extension on the amount of time in which the court fees must be paid. A court may not terminate diversion as unsuccessful for failure to pay restitution if the person has completed all other requirements. Instead, the court will enter a judgment with a money award for any remaining amount owed.

Thus, if you have not paid all of your fees, you may have more time to get them paid, if you have completed all other requirements. Inability to pay fees will not necessarily get you kicked out of diversion and result in a conviction.

Rob Crow
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Licensed to practice law in all State & Federal Courts in Oregon.
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