Oregon House Bill 2627, which took effect upon passage, amends the DUI diversion law in Oregon to require restitution to be paid as part of the DUI diversion agreement. Restitution includes any economic damages suffered by a victim that are the result of the criminal activity.
Prior to House Bill 2627, a court was not allowed to impose restitution as part of the DUI diversion agreement. Instead, prosecutors would often file additional charges to account for any economic damages suffered by a victim (i.e. Criminal Mischief, Failure to Perform the Duties of a Driver, Reckless Driving, etc.). Depending on the county or municipality in which the DUI was committed, various prosecutors offices took different approaches to deal with these charges. Some require pleas to these charges and others would allow a defendant to pay the restitution in exchange for a dismissal. Now, it appears a defendant may be able to avoid an additional criminal charge by paying the restitution as part of the diversion agreement rather than being require to deal with an additional charge in some cases.
House Bill 2627 also allows the court to dismiss a DUI charge with prejudice even if a defendant has not paid all of the fees that are imposed as part of the diversion agreement. This amendment will help a lot of defendants who just don’t have the money to pay the court ordered diversion fee. The court will not automatically dismiss the DUI charge if the fees have not been paid, though. Instead, a defendant must have complied with all other terms of the diversion agreement and the court must enter a finding to that effect.
If you are charged with a DUI in Oregon you should consult an experienced Portland DUI attorney at Anfuso Law, P.C. to discuss your case.