2015 ORS 813.210¹
Petition
  • filing fee
  • screening interview fee
  • service on prosecutor
  • objection

(1) After an accusatory instrument has been filed charging the defendant with the offense of driving while under the influence of intoxicants, a defendant may file with the court a petition for a driving while under the influence of intoxicants diversion agreement described in ORS 813.200 (Notice of availability of diversion). The petition:

(a) Must be filed within 30 days after the date of the defendant’s first appearance on the summons, unless a later filing date is allowed by the court upon a showing of good cause. For purposes of this paragraph, the filing of a demurrer, a motion to suppress or a motion for an omnibus hearing does not constitute good cause.

(b) Notwithstanding paragraph (a) of this subsection, may not be filed after entry of a guilty plea or a no contest plea or after commencement of any trial on the charge whether or not a new trial or retrial is ordered for any reason.

(2) The defendant shall pay to the court, at the time of filing a petition for a driving while under the influence of intoxicants diversion agreement, a filing fee established under ORS 813.240 (Amount and distribution of filing fee). The court may make provision for payment of the filing fee by the defendant on an installment basis. The court may waive all or part of the filing fee in cases involving indigent defendants. The filing fee paid to the court under this subsection shall be retained by the court if the petition is allowed. The filing fee shall be distributed as provided by ORS 813.240 (Amount and distribution of filing fee).

(3) The defendant shall pay to the agency or organization providing the screening interview, at the time the petition is allowed, the fee required by ORS 813.240 (Amount and distribution of filing fee) (3).

(4)(a) Unless otherwise provided under paragraph (b) of this subsection, the defendant shall pay to the court any court-appointed attorney fees agreed to under ORS 813.200 (Notice of availability of diversion) (4)(i). Payments shall be made prior to the end of the diversion period on a schedule determined by the court.

(b) The court may waive all or part of the court-appointed attorney fees agreed to under ORS 813.200 (Notice of availability of diversion) (4)(i).

(5) The defendant shall begin paying to the court any restitution ordered under ORS 137.108 (Restitution when defendant has entered into diversion agreement). Payments shall be made during the diversion period on a schedule determined by the court.

(6) The defendant shall cause a copy of the petition for a driving while under the influence of intoxicants diversion agreement to be served upon the district attorney or city attorney. The district attorney or city attorney may file with the court, within 15 days after the date of service, a written objection to the petition and a request for a hearing. [1983 c.338 §370; 1985 c.16 §192; 1987 c.441 §5; 1987 c.534 §1; 1993 c.13 §6; 2003 c.816 §2; 2011 c.595 §170; 2013 c.78 §5; 2015 c.318 §51]

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)

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)


1 Legislative Counsel Committee, CHAPTER 813—Driving Under the Influence of Intoxicants, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors813.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 813, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano813.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.