A Pre-trial diversion is a program in which a defendant essentially is put on probation for a set period of time and his or her case does not go to trial during that time. If the defendant meets the conditions set by the court, then the charge will be dismissed.
Oregon Agreement for Pretrial Diversion
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How to fill out Agreement For Pretrial Diversion?
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?What is Required on Oregon's DUII Diversion Program?? Primarily, a year of sobriety and drug and alcohol classes. The diversion program is typically 12 months long and very similar to being placed on bench probation.
You can't drink or use cannabis (marijuana) recreationally at all while in diversion. You may also be tested by random UAs while in treatment. Therefore, a violation of this term can cause your diversion to be revoked. You cannot participate in another Oregon DUI diversion program for at least 15 years.
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.
No additional penalties (fines, suspension, jail). If you fail diversion, you will be convicted of the DUII charge and sentenced without a trial. You will be ordered to do all of your diversions obligations over again. You will be sentenced to at least 48 hours jail or 80 hours of community service.
Diversion is a contract with the court for one year. The person charged with DUII agrees to complete a list of statutory obligations. The court agrees to dismiss the DUII charges.
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.
Can I expunge my Oregon DUI? The short answer is no. Even if you are successful in diversion, you avoid a criminal conviction, but the record of your arrest and participation in the Diversion program still remains.
