Results 1 to 2 of 2
  1. #1

    Default Eligibility for Diversion After Plea of 'Not Guilty'

    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?

  2. #2
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Eligibility for Diversion After Plea of 'Not Guilty'

    Once you go to trail and lose,there no chance for a diversion program. With a lawyer maybe you can get the charge reduced or ask his opion if there a chance for dismal and then decide what you want to do. A lot of places don't want to offer diversion for dwi b.c they take that charge very seriously. While they should,sometimes they over do it.

    1. Sponsored Links
       

Similar Threads

  1. Hearings and Trials: Judge Entered Not Guilty Plea After My Refusal to Plea
    By proto in forum Moving Violations, Parking and Traffic Tickets
    Replies: 5
    Last Post: 06-08-2010, 10:37 PM
  2. Ticket Errors: Wrong Address on the Traffic Ticket
    By yogivinay in forum Moving Violations, Parking and Traffic Tickets
    Replies: 5
    Last Post: 03-29-2010, 06:28 PM
  3. Retail Fraud / Shoplifting: Getting Pretrial Diversion After A Plea Is Entered
    By PleaseAdvise in forum Criminal Charges
    Replies: 3
    Last Post: 04-18-2007, 06:42 PM
  4. Criminal Records: Getting a Job After the Guilty Plea
    By smichellem05 in forum Criminal Records
    Replies: 11
    Last Post: 07-16-2006, 02:06 PM
  5. Retail Fraud / Shoplifting: What Happens After a Guilty Plea
    By Codey123 in forum Criminal Charges
    Replies: 3
    Last Post: 10-16-2005, 12:22 PM
 
 
Sponsored Links

Legal Help, Information and Resources