DUII DIVERSION SURVEY
ISSUE: ORS 813.210 requires that diversion petitions “[m]ust be filed within 30 days after the date of the defendant’s first appearance on the summons, unless a later filing date is allowed by the court upon a showing of good cause.” There have been mixed reports from criminal defense attorneys across the state as to whether, in a controlled substance DUII, the lack of urinalysis results constitutes a “showing of good cause.” Public Defender Services of Lane County, Inc. is attempting to compile information from attorneys across the state regarding their experiences arguing for an extension to the diversion filing deadline based on the lack of UA results in control substance DUII cases.
PARTICIPATION: This survey is open to any and all attorneys in Oregon who have direct knowledge of court and prosecution practice and procedure on this issue.
To participate in this survey, please download the instructions and survey by clicking here or by using the link at the bottom of this page. The survey is a word document that is to be filled out, however, after completing the survey, please save it as a PDF file using the following file name structure:
Barnumber_court i.e.
123456_Coos Circuit
123456_Florence Municipal
Once you have completed the survey, please email your PDF to me at rkajikawa@lanepds.org.
Thanks,
Reid Kajikawa