Oregon Motion to Extend DUI Diversion Period, and Declaration in Support is a legal document used to request an extension of the period of diversion for a DUI (driving under the influence of intoxicants) offense in Oregon. The document is filed in the court where the DUI offense was charged and includes a declaration from the defendant stating why the extension should be granted. The motion must be filed before the expiration of the current period of diversion. There are two types of Oregon Motion to Extend DUI Diversion Period, and Declaration in Support: one is a Motion to Extend DUI Diversion Period and the other is a Declaration in Support of the Motion. The Motion to Extend DUI Diversion Period outlines the facts of the situation, the reasons for the extension, and requests that the court grant the extension. The Declaration in Support of the Motion provides additional evidence that may support the defendant's request for an extension.
Oregon Motion to Extend DUII Diversion Period, and Declaration in Support
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FAQ
If you fail diversion, you will be convicted of the DUII charges and sentenced without a trial. Failing diversion results in orders to complete all of your diversion obligations again and you will be sentenced to 48 hours in jail or 80 hours of community service.
You must file Petitioner's Diversion Agreement and Defendant's Declaration of Eligibility and plead guilty or no contest. The court will hold the plea during the term of diversion. If you complete the diversion program within the time allowed, you must file a motion to dismiss the charge of DUII.
If you successfully complete the diversion agreement, the court may automatically dismiss the DUII charge at the end of one year. If you do not receive notice of dismissal, you must file a motion at the end of the diversion period asking the court to dismiss the DUII charge.
Estimated DUII diversion expenses Drug and alcohol assessment fee: $150.00. Victim Impact Panel fee: $5.00 ? $50.00. Court-ordered drug and alcohol treatment: Variable. Court-ordered IID: $720.00 ? $1,200.00 (estimated for one year)
Is there a Diversion Program for a Second Offense DUII? (Alternate Sentencing) In most circumstances, a second or subsequent DUII/DWI charge does not qualify for diversion in Oregon courts. However, if you have not participated in a diversion program within the last 10 years, you could qualify.
The diversion program is typically 12 months long and very similar to being placed on bench probation. During the 12 month time-frame, you must pay a fee to the court, attend a drug/alcohol evaluation, attend a Victim Impact Panel class, and participate in and complete a drug/alcohol treatment program.
How Long Does the DUI Diversion Program Stay On Your Record in Oregon? Being enrolled in the DUI Diversion Program in Oregon will stay on your record for one year. However, even after the program is completed and the charge is dismissed, the program will still reflect on your driving record.