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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 23147
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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I had a diversion for Marijuana last year. I was paying, and

Resolved Question:

I had a diversion for Marijuana last year. I was paying, and scheduled automatic payments over the phone (so I thought.) I just cleaned out my car and found a letter from the courthouse about a court hearing that was two days ago... They scheduled it because I failed to pay. I didn't realize. I just paid online in full. I'll call the court tomorrow. What is likely to happen?
Submitted: 11 months ago via Cornell Legal Info Institute.
Category: Legal
Expert:  Barrister replied 11 months ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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What specifically did the letter say?
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Did it state that you were being placed on the fine payment docket for nonpayment?
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Or did it say that the case was being reinstated and you had a "show cause" hearing?
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.
Thanks
Barrister
Customer: replied 11 months ago.

They checked Failure to Pay.


 


It said on the bottom: IT IS HEREBY ORDERED THAT the above name defendant appear in courtroom 305 on the 30 day of September, 2013 at 1:30 PM in the Lincoln County Courthouse, 225 W Olive Street Newport, Oregon TO SHOW CAUSE WHY THE MARIJUANA DIVERSION AGREEMENT SHOUD NOT BE TERMINATED. Failure to appear as ordered will result in a conviction being entered against you and your driver's license will be suspended.


Dated this 27 day of August, 2013

Expert:  Barrister replied 11 months ago.
Ok, I am not going to beat around the bush...it is very likely that the judge terminated the diversion agreement due to the failure to pay since that is one of the conditions of being able to get a charge diverted.
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With that said, if that is the case, you would have to either get an attorney to file or file your own "motion to reconsider" and basically ask the judge not to terminate the diversion. You would have to show the judge some type of evidence that you thought that you had set the payments up over the phone and also explain why you didn't read the notice from the court earlier so you could appear in court.
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To be honest with you, if you have a strict judge, then your odds may not be good because they view diversion as a one time opportunity to keep your record clean and require strict compliance.
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Thanks
Barrister
Customer: replied 11 months ago.

Alright... Thank you, Sir.

Are they generally terminated at the time of the court hearing, or is there a slim chance that it wasn't terminated yet?


 


I have a feeling the judge is strict. So, I lose my license and have a mark on my record. How long is the license suspended?

Expert:  Barrister replied 11 months ago.
To be honest, I would say it is a very slim chance it wasn't terminated. This is because when the judge is sitting on the bench and a defendant doesn't appear, they typically order that the diversion is revoked right then and there in open court. It is pretty unlikely that the judge made some type of odd order for a revocation to only be effective a few days later.
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So, I lose my license and have a mark on my record. How long is the license suspended?
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6 months unless you can show "compelling circumstances" why it should not be suspended (ORS 809.265 and 280(10)) "Compelling circumstances" is not defined in the law, but is typically some extraordinary reason why it should not be suspended. For example, if you live in a rural area, without access to reliable public transportation, and rely on your car to get to and from work, this may constitute "compelling circumstances" not to suspend your driver's license. Other examples include relying on your vehicle as transportation to and from regular medical treatments, providing care for others, and providing transportation for your children.
.
.
Thanks
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 23147
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
Barrister and 7 other Legal Specialists are ready to help you
Expert:  Barrister replied 11 months ago.
Thanks so much for the positive rating and generous bonus, it is very much appreciated!
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It was my pleasure to work with you and help with your question. Please feel free to ask for me if you need help with anything in the future and I will do my level best to help or get you to someone who can.
.
Barrister

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