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Juliana
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My 22 year old son had a DUI last summer in the state of Oregon.

Resolved Question:

My 22 year old son had a DUI last summer in the state of Oregon. He was placed in a diversion program and has been without problems. Last night he drove a car because his friend was inebriated and got pulled over by the police because a headlight was out on his car. In other words, he drove without a license. He had not been drinking. What is likely to happen to him. He was given a court citation.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Juliana replied 3 years ago.

Hello,

 

Thanks for your question.

 

With the Oregon DUI diversion program, the court will terminate the diversion agreement if it finds that the defendant has violated its terms. The court will make this determination at a hearing where the defendant can "show cause" why he should not be removed from the diversion program. This means that if the defendant can show the judge why he shouldn't be removed from the program, the judge will permit him to continue in the program.

 

If the court grants a diversion agreement, it will be considered violated if the court receives notice, at any time during the diversion period, that the defendant has committed the offense of DUI or the Oregon open container laws.

 

Here is the good news -- a person will not be kicked out of the diversion program if he receives a driving while suspended ticket, unless he has alcohol in his system, or is in possession of alcohol. So, your son's ticket for DUS should not be considered by the court to be a violation of his diversion agreement based on what you've stated in your post.

 

Hope this helps.

Juliana

Juliana, Lawyer
Category: Criminal Law
Satisfied Customers: 1651
Experience: Former prosecutor with 4 years of experience, criminal justice degree
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Juliana
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Former prosecutor with 4 years of experience, criminal justice degree