Klamath Falls Diversion Program
Diversion is an excellent opportunity for most people that are charged with their first DUII. If you are eligible for diversion and you are committed to getting your DUII charge dismissed, then Diversion is probably the best option for you.
Diversion requires that you plead guilty or no contest. Your case will then be continued for one full year. During that year you must complete several obligations. If you complete those obligations then the DUII charge against you will be dismissed.
WHAT DO I HAVE TO DO WHILE ON DIVERSION?
Diversion has four major components to it that you must comply with.
1. Pay your diversion fee to the court of $490.
2. Do an alcohol evaluation and complete 12 weeks of out-patient treatment.
3. Attend the Victim Impact Panel presentation.
4. Install an Interlock Ignition Device on your car.
IF I COMPLETE DIVERSION WILL I STILL BE CONVICTED OF THE DUII?
No. At the end of Diversion the case against you will be dismissed. If you accomplish this then you will avoid several consequences, including jail, a large fine, and a driver’s license suspension.
DO I STILL NEED A LAWYER IF I AM GOING TO DO DIVERSION?
Certainly you can get yourself into Diversion without a lawyer, but it is not wise to do so. At a minimum you should contact me for a free consultation. I will help you decide whether Diversion is right for you or not.
Diversion has many technical requirements and rigid deadlines. If you miss one of these deadlines then you are running the risk of being terminated from Diversion, which has very serious consequences. My clients do not flunk out of Diversion. If you hire me I will make sure that your Diversion requirements are met.
DO I HAVE TO DO DIVERSION?
Contact me for a free consultation and I will help you decide whether Diversion is right for you. You might be innocent of the DUII you have been charged with. If that is the case then you may decide that you do not want to do Diversion. In that case you will need a lawyer to help litigate your case by going to trial or convincing the prosecutor that you are innocent.
You may decide that you do not want to participate in Diversion because you do not believe that you can complete it. If you are certain that you cannot complete the requirements of Diversion, then you should not enroll into Diversion.
Not everyone is permitted to do Diversion. First, the judge has the power to allow you to do Diversion or deny your request to do Diversion. It will be an advantage for you if you have a lawyer to help get you into Diversion.
You will likely be eligible for Diversion if you meet the following requirements.
• You do not possess a commercial driver’s license.
• You have not been convicted of a DUII or participated in Diversion in the last 15 years.
• You were not involved in an accident in which someone was injured when you received the DUII.
• You are not currently participating in a Diversion program.
What If The Prosecutor Objects To Me Doing Diversion?
Sometimes the prosecutor will object to a person participating in Diversion despite the person being eligible. If this happens then it will be up to the judge to decide whether to allow you to participate. If you find yourself in this situation then it is very important that you have a lawyer to help convince the prosecutor and judge to permit you to participate in Diversion.
If you were involved in a motor vehicle accident when you charged with the DUII and if someone was injured in that accident then you may not be able to participate in Diversion. Sometimes as little as a sore back that was caused by a DUII accident may prevent someone from being eligible.
Pros and Cons of Diversion
Diversion is not right for everyone. However, the vast majority of people that are charged with DUII and that are eligible for Diversion choose to participate in it. Below are some pros and cons of Diversion.
• If you complete Diversion then the DUII charge against you will be dismissed.
• You will avoid a conviction that you could not get off of your record.
• You will avoid a one year driver’s license suspension.
• You will not be sentenced to a jail sentence.
• If you are innocent of the DUII charge you have to give up your right to fight your case and plead guilty or no-contest.
• You must participate in a minimum of 12 weeks of alcohol treatment.
• It will likely cost you approximately $1500 to $2000 to participate in Diversion.
This information is only a rough guide regarding the pros and cons of Diversion. If you have been arrested for DUII you should start your case by contacting me for a free consultation. I will provide you with detailed information about Diversion and will help you decide if it is the right decision for you.