Eligibility for diversion
Source:
Section 813.215 — Eligibility for diversion, https://www.oregonlegislature.gov/bills_laws/ors/ors813.html
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Notes of Decisions
Under this section, person who has participated in driving under influence diversion program in last 10 years is disqualified from another diversion even if previous program did not include drug or alcohol component. State v. Underwood, 91 Or App 668, 756 P2d 72 (1988), Sup Ct review denied
Court should not have used conviction as basis for mandatory denial of diversion where there was complete absence of any evidence that defendant voluntarily and intelligently waived right to counsel at time of that conviction. State v. Manfredonia, 105 Or App 537, 805 P2d 738 (1991)
Participation in “similar drug or alcohol rehabilitation program” includes program participation ordered for reasons other than DUII conviction. State v. Dunbrasky, 122 Or App 90, 856 P2d 1054 (1993); State v. Young, 196 Or App 708, 103 P3d 1180 (2004), Sup Ct review denied; State v. Lagrassa, 235 Or App 150, 230 P3d 96 (2010), Sup Ct review denied
Drug or alcohol rehabilitation program may be “similar” to diversion program, notwithstanding that sanction avoided through attending rehabilitation program was not criminal in nature. State v. Wright, 204 Or App 724, 131 P3d 838 (2006)
Person who holds, but is not qualified to use, commercial driver license is barred from entering diversion program. State v. Orueta, 343 Or 118, 164 P3d 267 (2007)
Barring commercial drivers from entering diversion program available to noncommercial drivers does not violate constitutional guarantee of equal protection. State v. Orueta, 343 Or 118, 164 P3d 267 (2007)
Statute of other jurisdiction may be “statutory counterpart” of Oregon statute for driving under influence of intoxicants if statutes share sufficient common uses, roles and characteristics, despite possible difference in substantive scope. State v. Rawleigh, 222 Or App 121, 192 P3d 292 (2008)
Diversion program means all special and general conditions that, if satisfied, permit defendant to avoid conviction. State v. Ellis, 224 Or App 478, 199 P3d 359 (2008), Sup Ct review denied
Participation in diversion or rehabilitation program requires interactive involvement with program. State v. Parker, 235 Or App 40, 230 P3d 55 (2010)
Statutory counterpart to ORS 813.010 in another jurisdiction may include statutory offense involving impaired driving of vehicle due to use of intoxicating liquor or involving operation of vehicle while having impermissible blood alcohol content. State v. Donovan, 243 Or App 187, 256 P3d 196 (2011)
When read with ORS 801.307, this section makes ineligible for diversion defendant to whom Oregon Department of Transportation issued commercial driver license where at time of offense, license was not expired, cancelled or revoked even though defendant did not meet all requirements to hold valid license. State v. Crisafi, 271 Or App 267, 350 P3d 519 (2015)