An Oregon Order on Motion to Extend DUI Diversion Period is a court order that allows the period of diversion from a DUI conviction to be extended. This type of order is usually issued when the court determines that the defendant has either not completed all the terms of the diversion agreement or has not made sufficient progress in their rehabilitation. The court may extend the period of diversion for up to 6 months and can also impose additional conditions. There are two types of Oregon Order on Motion to Extend DUI Diversion Period: a standard order and an emergency order. A standard order is issued when the court has sufficient time to consider the evidence presented. An emergency order is issued when the court feels that immediate action is necessary to protect the public’s safety and welfare.
Oregon Order on Motion to Extend DUII Diversion Period
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How to fill out Oregon Order On Motion To Extend DUII Diversion Period?
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FAQ
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.
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.
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.
Diversion Program Requirements To enter the diversion program, the defendant must plead guilty or no contest to the DUII charge. The court doesn't enter the guilty plea or no contest plea, but instead, allows the defendant one year to complete the diversion requirements.
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.
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.
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.
As well, you will need to go to a victim's impact panel, pay court fees, an ignition interlock device on any vehicle you plan on driving during the diversion period, and agree to not use alcohol or drugs unless they are prescribed.