State v. Donovan

Defendant appeals a judgment of conviction for driving while under the influence of intoxicants (DUII), ORS 813.010. She argues that the trial court erred in determining she was ineligible for diversion under ORS 813.215(1). That statute provides that a defendant charged with DUII is ineligible to participate in diversion if, among other things, the defendant has been convicted under the “statutory counterpart” to ORS 813.010 in another jurisdiction within the last 10 years. Defendant has a prior conviction in New York within the last 10 years for “driving while ability impaired.” The trial…