State v. Drumbor/Day

ORS 813.635(1) establishes that a notation requires that the installation and use of an IID remain on a diversion participant’s driving record until the participant presents a certificate which states that the IID didn’t record a negative report for 90 consecutive days.

Defendants were charged with one count of driving under the influence of intoxicants (DUII)  and one count of reckless driving. Defendants entered diversion and were required to install and use an IID during the agreement period. Defendants did not drive nor install an IID during the diversion period. After completion of their diversions, Defendants filed a motion to vacate the IID requirement from their driving record. The trial court granted the Defendants’ motions. On appeal, the State argued that ORS 813.635(1) did not create a separate requirement to install an IID, but rather extended the time period beyond the diversion agreement until a participant submits a certificate that shows installment of the IID. ORS 813.635(1) established that a notation requires the installation and use of an IID to remain on the driving record of a diversion participant until the participant presented a certificate which stated that the IID didn’t record a single negative report for consecutive 90 days. Because the Defendants had to comply with ORS 813.635(1)’s requirement, the Court held that the trial court erred when they granted Defendants’ motions to remove the IID requirement from their driving record. Reversed and remanded.