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Participating in a diversion program to dismiss a DUI charge

Being pulled over by a police officer is not a pleasant experience for drivers in Oregon. While a traffic stop could result in a simple warning, it could also result in a driver facing a serious charge such as a DUI. The penalties for a drunk driving charge could be serious, especially if a driver has more than one DUI conviction on their record. Therefore, it is important for the accused to consider all of their defense options.

Being pulled over by a police officer is not a pleasant experience for drivers in Oregon. While a traffic stop could result in a simple warning, it could also result in a driver facing a serious charge such as a DUI. The penalties for a drunk driving charge could be serious, especially if a driver has more than one DUI conviction on their record. Therefore, it is important for the accused to consider all of their defense options.

Under Oregon law, a defendant may participate in a DUI diversion program if he or she meets certain requirements. To be eligible, the accused must have never been convicted of a felony DUI in Oregon or any other state. Additionally, the defendant must confirm that he or she has no pending charges in any state involving the operation of a vehicle and is not currently participating in a diversion program.

Once eligibility is determined, the defendant must appear in court for their scheduled first appearance. The defendant must then plead guilty or no contest to the DUI charge before trial. Finally, the defendant must file a diversion petition within 30 days of their first appearance unless the court finds a good reason for delay.

To participate in the diversion program, the defendant must waive certain rights. This includes their right to a jury trial, right to remain silent, right to subpoena witnesses, right to have a lawyer's assistance at trial, right to require the state to prove guilt beyond a reasonable doubt, the right to appeal, the right to raise defenses or challenge evidence and other similar rights. Lastly, in order to have the DUI charge dismissed, the defendant must complete the yearlong diversion program, pay the filing fees to the court, complete the diversion program and not use alcohol while operating a motor vehicle.

A diversion program is a sensible defense option that is available to some defendants. To determine if this is the best defense method, an person accused of a DUI should speak with an experienced criminal defense attorney.

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