Petition
- filing fee
- screening interview fee
- service on prosecutor
- objection
Source:
Section 813.210 — Petition; filing fee; screening interview fee; service on prosecutor; objection, https://www.oregonlegislature.gov/bills_laws/ors/ors813.html.
Notes of Decisions
Under former similar statute
It was not error to require defendant to show that he was not disqualified because offense involved accident required to be reported before trial court decided whether to exercise discretion to grant diversion. State v. Dendurent, 64 Or App 575, 669 P2d 361 (1983), Sup Ct review denied
This section does not violate Article I, Section 20 of the Oregon Constitution. State v. Dendurent, 64 Or App 575, 669 P2d 361 (1983), Sup Ct review denied
Existence of prior conviction divests trial court of any discretion to allow diversion petition and of authority to consider whether prior conviction was valid. State ex rel Schrunk v. Bearden, 66 Or App 209, 673 P2d 585 (1983)
Under this section, denial of diversion from criminal prosecution because of prior uncounseled conviction violates defendant’s federal Sixth Amendment right to counsel. City of Pendleton v. Standerfer, 297 Or 725, 688 P2d 68 (1984)
Language of section, “[t]he present driving while under the influence of intoxicant offense” refers not to filing or hearing of petition for diversion, but to accident, which took place on date of commission of offense; context of entire section makes it clear that determinative date for all disqualification provisions is date of violation. State v. Ambrose, 74 Or App 59, 701 P2d 472 (1985), Sup Ct review denied
Court should not have used conviction as basis for mandatory denial of diversion where record did not demonstrate that defendant voluntarily and intelligently waived right to counsel. State v. Winkler, 80 Or App 455, 722 P2d 59 (1986)
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