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Uniform DUII Diversion Petition And Agreement - Oregon
| Uniform DUII Diversion Petition And Agreement Form. This is a Oregon form and can be used in Circuit Court Multnomah Local County . |
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UNIFORM DUII DIVERSION PETITION AND AGREEMENT (The petitioner m ust cause a copy of this petition to be served on the district attorney or city attorney who filed the charge) Petitioner is to provide the inform ation required in this box, as follow s: (print or type) Petitioner's nam e and residence: First Street City _________ ____ State ZIP M iddle ______________ Last ____ City Telephone State __ Petitioner's m ailing address: ______ Street ______ ZIP C ourt w here the charge w as filed and petition is to be subm itted: Circuit Court N am e C ourt _________ Multnomah County C ourt Location C ourt C ase Num ber Petitioner's D ate of Birth M onth Day Year Petitioner's Driver License Num ber D ate of D U II Offense N um ber State Petitioner's Agreement and Waiver I, the undersigned petitioner, ask this court to grant a diversion under ORS 813.200 to 813.270 in this case for the charge of driving under the influence of intoxicants (DUII). If this petition is allowed by the court, I plead guilty or no contest to this DUII charge as shown in the attached petition for entry of plea and agree to waive the rights and to carry out the agreem ents as listed below as explained on the reverse side of this form : 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. I waive the rights listed in the plea petition subm itted with this diversion petition. I waive m y form er jeopardy rights under the federal or state constitutions and ORS 131.505 to 131.525 in any subsequent action on the charge or any other offenses based on the sam e crim inal episode. I will attend a diagnostic assessm ent to determ ine the possible existence of an alcohol or drug abuse problem and to pay the cost of the assessm ent directly to the agency providing the assessm ent. I will pay to the court a diversion filing fee and a unitary assessm ent fee, unless the court determ ines I am indigent and waives all or part of these fees. At m y own expense, or as arranged with the Mental Health Division if I qualify as an indigent person, I will com plete the program of treatm ent indicated as necessary by the diagnostic assessm ent. I will not operate a m otor vehicle while using or under the influence of intoxicants and will com ply fully with state laws that discourage operating a m otor vehicle while using or under the influence of intoxicants. If the court directs that I attend a victim -im pact treatm ent session, I will attend the session. If the court requires, I will pay to the program the fee for m y participation in that session. I will keep the court advised of m y current m ailing address at all tim es during the diversion period. I will pay court-appointed attorney fees as the court determ ines. I waive the right to have diversion show cause proceedings in Gresham if the arrest for this offense occurred East of 122 nd Avenue. Petitioner's Signature Date FOR CO URT STAM P ON O RDER (N O TE: A com pleted petitioner's sworn statem ent of eligibility m ust be filed with this form .) COURT ORDER After considering the m atters listed in ORS 813.220, the court 9 allows 9 denies the petitio n for diversion in case num ber ________________. The DUII charge is alleged to have occurr ed on _______________, 20____. If "allow ed," this court accepts the petitioner's above plea, withholds entry of a judgm ent of conviction pending com pletion or term ination of the diversion, and orders that: 1) the diversion period is one year beginning on _____ _____ and ending on _____________ ; 2) the petitioner pay fees for the diversion as required by statute unless waived or deferred; and 3) the petitioner 9 m ust 9 need not attend a victim -im pact treatm ent session approved by this court and 9 m ust 9 need not pay a fee to that program ; 4) the petitioner 9 m ust 9 need not pay court-appointed attorney fees in an am ount of $ on a schedule set by the clerk of the court. The defendant is directed to report to 9 Multnom ah County CourthouseRoom 106 9 Gresham Courthouse, before 5 PM today to begin the diversion process. If the defendant fails to report to by 5:00 PM today a bench warrant shall be issued with security in the am ount of $2,500.00. _______________________________ Nam e of Judge 08-27 (6/04) Distribution: OriginalCourt _____________________________________ Signature of Judge _________________ Date (See SLR 4.085 (4)) CopiesDA, DMV, Evaluator, Petitioner, Defense Attorney American LegalNet, Inc. www.USCourtForms.com EXPLANATION OF RIGHTS AND DUII DIVERSIO N AG REEMENT You have been charged with driving under the influence of intoxicants (DUII). This offense is a Class A misdem eanor under Oregon law. A judge may sentence a person found "guilty" of this charge or who pleads guilty or no contest to any or all of the following: jail for up to one year; a fine of up to $6,250 or up to $10,000 if the offense was com m itted in a motor vehicle and there was a passenger younger than 18 and at least three years younger than you, additional statutory assessments of up to $97 to the state and $59 for the county; an additional fee of $130; other costs and assessments that may be added to the fine; an exam ination and alcohol or drug treatm ent or inform ation program for which you would pay; com m unity service work in addition to or instead of a fine; suspension of driving privileges; and attendance at and paym ent for a victim -im pact treatm ent program . You have four choices on how you may handle this charge. If you have questions about these choices, ask your attorney, if you have one, or the judge. The following briefly explains these choices and their possible consequences: 1. You m ay plead "not guilty." This will result in a trial at a later date or you m ay later change your plea to "guilty." At trial, a jury or judge will listen to the state's evidence against you and to any relevant inform ation or witnesses you with to present to hear. The jury or judge will decide if you are "guilty" or "not guilty." You m ay plead "guilty," and not apply for diversion. This plea will result in your conviction for the offense. If you wish, you m ay also give the judge an explanation and information you think will help the judge decide what your sentence should be. You m ay plead "no contest," and not apply for diversion. This m eans you do not want to contest the charge by having a trial but do not adm it you are guilty. The judge will review the police officer's report to determ ine if there is enough evidence to find you "guilty." If you plead "no co
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