Driving Under the Influence of Intoxicants

ORS 813.225
Petition for extension of diversion period

  • conditions


(1)

A defendant may apply by motion to the court in which a driving while under the influence of intoxicants diversion agreement described in ORS 813.230 (Diversion agreement) was entered for an order extending the diversion period:

(a)

Within 30 days prior to the end of the diversion period; or

(b)

If the defendant is serving on active duty as a member of the Armed Forces of the United States, or is a member of the reserve components of the Armed Forces of the United States or the National Guard, at any time prior to the end of the diversion period.

(2)

Petition forms for an application for an extension under this section shall be available to a defendant at the court.

(3)

The form of the petition for an extension under this section shall be determined by the Supreme Court under ORS 1.525 (Uniform citation and petition forms for certain offenses). The petition forms made available to a defendant by any city or state court shall conform to the requirements of the Supreme Court.

(4)

The court may grant a petition for an extension filed under this section if the court finds that the defendant made a good faith effort to complete the conditions of the diversion agreement and that the defendant can complete the conditions of the diversion agreement within the requested extended diversion period.

(5)

An extension granted under this section may be for no more than 180 days from the ending date of the original diversion period or for another time period the court allows under subsection (7) of this section.

(6)

Except as provided in subsection (7) of this section, a court may grant a defendant only one extension of a diversion period under this section.

(7)

The court may extend the diversion period as necessary to allow the defendant sufficient time to complete the conditions of the diversion agreement if the defendant:

(a)

Is a member of the Armed Forces of the United States, the reserve components of the Armed Forces of the United States or the National Guard;

(b)

Is on active duty or has received orders that the defendant will be called to active duty; and

(c)

Demonstrates that the military service will impair the defendant’s ability to complete the conditions of the diversion agreement and no comparable treatment program described in ORS 813.233 (Exemption from completing treatment program in this state) is available.

(8)

If the court grants the petition for an extension under this section, the following apply:

(a)

If the defendant fully complies with the conditions of the diversion agreement within the extended diversion period, the court may dismiss the charge with prejudice under ORS 813.250 (Motion to dismiss charge on completion of diversion).

(b)

If the court finds that the defendant failed to comply with the diversion agreement within the extended diversion period, the court shall enter the guilty plea or no contest plea filed as part of the petition for a diversion agreement, shall enter a judgment of conviction and shall sentence the defendant.

(9)

If the court denies the petition for an extension under this section, the court shall enter the guilty plea or no contest plea filed as part of the petition for a diversion agreement, shall enter a judgment of conviction and shall sentence the defendant. [1997 c.749 §7; 2003 c.816 §3; 2011 c.197 §2]

Notes of Decisions

Hearing on petition to extend time for completion of diversion program is critical stage in criminal proceeding for which defendant has right to counsel. State v. Gaino, 210 Or App 107, 149 P3d 1229 (2006)

§§ 813.200 to 813.270

Notes of Decisions

Effect of defendant's previous participation in diversion program is not affected by whether or not he acted on counsel's advice. State v. Maynard, 85 Or App 631, 738 P2d 210 (1987), Sup Ct review denied

Law Review Citations

20 WLR 319 (1984)


Source

Last accessed
Jun. 26, 2021