My question involves criminal law for the state of: Oregon
In Oregon is there eligibility for the diversion program if a plea of 'not guilty' is entered and the case goes to trial? If the trial is lost is there still a chance for the diversion program or is it an automatic conviction for DUII?
I was recently arrested on a DUII charge. I was driving home after only having 1 1/2 beers over a span of about 2 1/2 hours. I was not intoxicated nor do I believe that my driving ability was impaired. I was stopped for having a light out on my vehicle. I was asked how much I had had to drink and I was honest with the officer because I had nothing to hide. I also agreed to a SFST because I knew that I was not impaired and wanted to be cooperative. The officer ended up arresting me believing me to be impaired. I then took a breathalyzer test and blew a .04, the Oregon limit is .08. In Oregon you can still be convicted on a DUII even with being under the legal limit. In the end it is the officers word believing that I was impaired against mine. Even though I did not pass the SFST I believe that I was not impaired and was in control. There were extenuating circumstances (such as nervousness) that I believe could have contributed to not passing. I was not stopped due to reckless/impaired driving but for a routine traffic stop. I believe I have a case to take to trial to prove that I in fact was not impaired but am the victim of perhaps an overzealous officer. I would like to plead 'not guilty' but not at the risk of me potentially being convicted and facing harsher consequences than if I were to enter a plea of guilty and enter into the diversion program. I do believe myself to be not guilty of driving impaired- but I am not sure if my belief in myself will stand up in court. Any ideas?