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Some people can avoid a DUII conviction without trial through a legal procedure known as diversion. Through diversion you can enter a conditional plea of guilty or no contest. That plea is accompanied by an agreement between you and the court to suspend the DUII proceedings for one year during which time you must complete all of the following conditions:

At the end of the year, if you have successfully completed all of the diversion conditions, you can apply to have the DUII charge dismissed. If you fail to complete the conditions and the diversion agreement is terminated, the plea you entered at the outset will be used to enter a judgment of conviction against you. If you think you might be interested in diversion YOU MUST PETITION THE COURT WITHIN THIRTY DAYS OF YOUR FIRST COURT APPEARANCE or you will not be allowed into the program.

The DUII diversion program has strict eligibility requirements. To qualify, you must meet the following requirements:

Even if the state opposes diversion in your case, diversion eligibility is not always clear-cut. It may be necessary to file a contested motion with the court to have the judge decide your eligibility for diversion. Call today to decide if diversion is the right course of action for you.

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