Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2023 | Updated by Findlaw Staff
(1) At any time before entry of a judgment of conviction and within 180 days after the conclusion of the period of a driving while under the influence of intoxicants diversion agreement described in ORS 813.230 or an extension described in ORS 813.225, a defendant who has complied with and performed all of the conditions of the diversion agreement, except that the defendant owes $500 or less of the fees required under ORS 813.200, 813.210, 813.235 and 813.240, may apply by motion to the court wherein the diversion agreement was entered for a judgment dismissing with prejudice the charge of driving while under the influence of intoxicants.
(2) The defendant shall cause to be served on the district attorney or city attorney a copy of the motion for a judgment dismissing with prejudice the charge of driving while under the influence of intoxicants. The copy of the motion shall be served on the district attorney or city attorney at the time the motion is filed with the court. The district attorney or city attorney may contest the motion.
(3) At the hearing on the motion described in subsection (1) of this section, the court shall dismiss with prejudice the charge of driving while under the influence of intoxicants, if the defendant pays the balance of the fees owed by 5 p.m. on the day the hearing is held. The defendant may also pay the balance of the fees owed before the day the hearing is held.
(4) Before the court dismisses with prejudice a charge of driving while under the influence of intoxicants under this section, the court shall enter a judgment containing a money award, as defined in ORS 18.005, for any remaining amount of restitution owed by the defendant.
Cite this article: FindLaw.com - Oregon Revised Statutes Oregon Vehicle Code § 813.252 - last updated January 01, 2023 | https://codes.findlaw.com/or/title-59-oregon-vehicle-code/or-rev-st-sect-813-252/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)