State v. Dendurent

Defendant appeals his conviction for DUII. He contends that he should have been considered for diversion under ORS 484.445 et seq. He assigns as error the trial court ruling that he had the burden to prove his eligibility for diversion by showing that the present DUII offense did not involve “an accident required to be reported under ORS 483.606,” the trial court’s denial of his petition for diversion and the trial court’s enforcement of ORS 484.450(4) (d). He contends that application of that statute violates his rights to equal protection of the law, guaranteed by Article I, Section 20 of…