State v. Reed

The state appeals from the trial court’s dismissal with prejudice of the charge in this case of driving under the influence of intoxicants (DUII), ORS 813.010, on the ground that defendant had successfully completed diversion. The state contends that the trial court erred in dismissing the case because defendant had failed to completely pay the filing fee associated with the diversion petition within the statutory one-year diversion period and she had failed to apply for an extension of the diversion period. As explained below, we conclude that the trial court erred, and we therefore remand…