State v. Bentley

Defendant appeals a judgment of conviction for one count of driving under the influence of intoxicants (DUII). ORS 813.010. He assigns error to the trial court’s denial of his petition to enter into a DUII diversion agreement. We review for legal error, ORS 138.220, and affirm.

Defendant was charged with DUII for an incident that occurred on July 10, 2008. Before that incident, defendant had been convicted of DUII in 1995 and, again, in 1998. With respect to the 1998 conviction, defendant participated in a substance abuse treatment program that was ordered as a condition of his probation.…