The court alleges I violated a term of diversion. What will happen now?

When you enter a plea of no contest or guilty to enter into the driving under the influence of intoxicants (DUII) diversion program, you are required to sign a form agreeing to satisfy specific terms of diversion. The law states the court (judge) or prosecutor may issue an order requiring you to appear in court and show cause why the court should not terminate the diversion agreement. This is considered a show cause hearing.

The Show Cause Hearing

At this hearing, the district attorney would present evidence of your failure to complete the terms of diversion (this could include driving without a proper license, driving without insurance, an ignition interlock device failure, or any other term in the agreement). The law states the court SHALL terminate the diversion agreement and enter the finding of guilty or no contest as a conviction. (ORS 813.255). Thus, a single violation of the diversion agreement could, and under the law SHALL, or should, terminate your diversion as unsuccessful and a conviction for DUII entered.

IMPORTANT UPDATEHB 2627, which was signed in to law in 2013 created an exception to the law requiring termination of diversion for not completing all requirements by the end of the year time period. The law now gives the court the authority to give a diversion participant more time to pay off fees and fines if the failure to pay the required fees is the only reason for termination.

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