Motion to dismiss charge when minimal fine amount remains
(1) At any time before entry of a judgment of conviction and within 180 days after the conclusion of the period of a driving while under the influence of intoxicants diversion agreement described in ORS 813.230 (Diversion agreement) or an extension described in ORS 813.225 (Petition for extension of diversion period), a defendant who has complied with and performed all of the conditions of the diversion agreement, except that the defendant owes $500 or less of the fees required under ORS 813.200 (Notice of availability of diversion), 813.210 (Petition), 813.235 (Attendance at victim impact treatment session as condition of diversion) and 813.240 (Amount and distribution of filing fee), may apply by motion to the court wherein the diversion agreement was entered for a judgment dismissing with prejudice the charge of driving while under the influence of intoxicants.
(2) The defendant shall cause to be served on the district attorney or city attorney a copy of the motion for a judgment dismissing with prejudice the charge of driving while under the influence of intoxicants. The copy of the motion shall be served on the district attorney or city attorney at the time the motion is filed with the court. The district attorney or city attorney may contest the motion.
(3) At the hearing on the motion described in subsection (1) of this section, the court shall dismiss with prejudice the charge of driving while under the influence of intoxicants, if the defendant pays the balance of the fees owed by 5 p.m. on the day the hearing is held. The defendant may also pay the balance of the fees owed before the day the hearing is held.
(4) Before the court dismisses with prejudice a charge of driving while under the influence of intoxicants under this section, the court shall enter a judgment containing a money award, as defined in ORS 18.005 (Definitions), for any remaining amount of restitution owed by the defendant. [2013 c.78 §3]
Note: 813.252 (Motion to dismiss charge when minimal fine amount remains) was added to and made a part of ORS chapter 813 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
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