In Oregon, people who are convicted for driving under the influence of alcohol or drugs will face various penalties that will have a negative impact on their lives. That can include jail, fines and losing their driver’s license.
For many, there is an option to enter a diversion program. If the person accused of DUI completes a program and fulfills various requirements, they can have the charges dismissed. Being approved for a diversion program is not guaranteed. From the start, it is essential to know what the court will consider before allowing it.
What factors will the court assess when making its decision?
The court will look at the case and the circumstances before making its decision to approve or deny the request. The program must be deemed a benefit to the person charged with DUI as well as the community. From the defendant’s perspective, they might have concluded early in the process that they need help for their drinking or drug use. That realization could validate the decision to let them take part in a diversion program.
Cooperation is key. In some cases, the court might have the impression that the person will not be cooperative and deny the request. If they show they will be cooperative, it might be approved. There are restrictions in the diversion agreement and the person is expected to abide by them.
The details of the case are fundamental. If the offense involved a person who was under 18 years of age being in the vehicle and that person was a minimum of three years younger than the defendant, it might be denied.
After filing the petition for a diversion agreement, the person committing another DUI-related offense with alcohol or drugs will likely prevent them from being allowed to take part in a program. The petition will be denied if the defendant had taken part in a different diversion program after filing the petition. Being charged or convicted of serious vehicle crimes like vehicular homicide, murder and manslaughter will prevent them from taking part in the program.
When considering a diversion program, legal assistance can be crucial
A diversion program is a valuable way to avoid the worst penalties for a DUI. However, not everyone is suited to take part whether it is based on the specifics of the case itself or other factors.
When thinking about this as an option, it is useful to have professional assistance. If the defendant is eligible for the program or not, an experienced criminal law representative can analyze the case and take the necessary steps as part of the defense.