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Oregon Order on Motion to Vacate Use of IID as Condition of Diversion Agreement

State:
Oregon
Control #:
OR-SKU-0549
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Description

Order on Motion to Vacate Use of IID as Condition of Diversion Agreement

An Oregon Order on Motion to Vacate Use of DID as Condition of Diversion Agreement is a court order that allows a person to relinquish their use of an Ignition Interlock Device (DID) as a condition of a diversion agreement. Ignition Interlock Devices are used to prevent individuals from operating a motor vehicle while intoxicated. The Oregon Order on Motion to Vacate Use of DID as Condition of Diversion Agreement is typically issued when the court finds that the defendant is in full compliance with the terms of the diversion agreement and that their continued use of and DID is no longer necessary. There are two different types of Oregon Order on Motion to Vacate Use of DID as Condition of Diversion Agreement: 1. Order to Vacate Use of DID as Condition of Diversion Agreement: This type of order is issued when the court finds that the defendant has met all the requirements of the diversion agreement and that their continued use of and DID is no longer necessary. 2. Order denying Use of DID as Condition of Diversion Agreement: This type of order is issued when the court finds that the defendant has not met the requirements of the diversion agreement and that their use of and DID should remain in effect.

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FAQ

What happens if I violate? After a test violation, your Ignition Interlock Device (IID) will require you to return to an authorized service center for a reset within 7 days.

A diversion agreement carries the understanding that if the defendant fulfills the obligations of the program described therein, the criminal charges filed against the defendant will be dismissed with prejudice. It shall include specifically the waiver of the right to a speedy trial.

A lot of people are scared about what will happen if they fail an ignition interlock breath test. In fact ?Will I go to jail if I fail my interlock?? is one the questions we hear the most. We would like to put your mind at ease. In general, you will not go to jail if you fail one interlock test.

Q: How long do I have to have an IID? A: Diversion drivers have a minimum 1 year requirement. Conviction drivers have a minimum 1, 2, or 5 year requirement. These requirements remain on your driving record until a No Negative Report is properly processed.

If you are on Driving Under the Influence (DUI) Diversion and were required by the judge to an Interlock Device (IID), you may request that the court remove this requirement after six months of using the IID or if you qualify for a medical exemption under Oregon Department of Transportation rules.

How Can You Bypass Your Ignition Interlock? Using compressed air instead of your own breath to blow into the interlock. Asking a friend to blow into the interlock to start your car.

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.

More info

Condition of diversion. ORDER: The court grants denies the motion.I ask the court to vacate the condition of my diversion agreement requiring me to install and use an approved ignition interlock device. I ask the court to vacate the condition of my diversion agreement requiring me to install and use an approved ignition interlock device (IID). Motion and Order to Vacate Use of IID as Condition of Diversion Agreement and Declaration in Support (The court will give this to you when you come to court). Remove your Interlock Ignition Device (IID) after six-months of compliance with the Oregon DUI Diversion program and 90-days clean breath test readings. Fill Out The Motion To Vacate Use Of Iid As Condition Of Diversion Agreement, And Declaration In Support - Oregon Online And Print It Out For Free. Address: 22500 Salamo Road West Linn, OR 97068. Phone: 503-656-4263. You will need to file a motion with the court and district attorney to vacate the IID requirement.

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Oregon Order on Motion to Vacate Use of IID as Condition of Diversion Agreement