Description: Oregon City, Oregon criminal defense lawyer represented the Defendant charged with driving under the influence of intoxicants (DUII).

Defendant was denied participation in the DUII diversion program.

Two statutes govern the diversion process in this case, and we review the trial court's decisions under each statute differently. First, ORS 813.210(lXa) provides that a defendant may petition to enter into a DUII diversion program within 30 days of the defendant's first appearance, or later if the trial court approves a later filing date after the defendant shows good cause. We review the trial court's "good cause" determination under ORS 813.210(1)(a) for legal error. See State v. Johnson, 339 Or. 69, 86, 116 P.3d 879 (2005) ("[I]t is clear that, when ['good cause'] appear[s] in a statutory context, [it is] focused on real, albeit sometimes difficult to discern, legal standards: the legislature's view of what is 'good[.]' * * * As such, in the absence of a factual dispute, a determination that 'good cause' not to dismiss has been shown * * * invokes an objective standard and must be reviewed for legal error." (Emphasis in original.)); see also State v. Murrell, 242 Or.App. 178, 182 n 1, 255 P.3d 574 (2011) (declining the state's invitation to hold that an abuse of discretion standard applies to the good cause determination in the statutory context).

Outcome: Vacated and remanded.

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Defendant's Experts:

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