State v. Wright

Defendant appeals from a conviction for misdemeanor driving while under the influence of intoxicants (DUII), ORS 813.010, assigning error to the trial court’s denial of her petition to enter into a DUII diversion agreement. ORS 813.215. In seeking diversion, defendant had the burden of proving, inter alia, that she had not “participated] in a [DUII] diversion program or in any similar alcohol or drug rehabilitation program,” ORS 813.215(3) (emphasis added), within the preceding 10 years. ORS 813.215(4). The trial court determined that defendant had failed to make that showing, and we affirm.

Be…