Reduced budget funding has provided the local justice community with the opportunity to join together to seek new and creative ways to continue providing high quality service. Over the past few years the court has taken a proactive role in developing partnerships with community service providers, Quality Research Associates, Lane County Adult Corrections and the Eugene Fire Department to provide fair, education-based programs to improve the defendants’ ability for successful behavior change.
Deferred Prosecution Programs and Rehabilitation
The Eugene Municipal Court has worked together with these service providers to develop deferred prosecution programs for shoplifting, theft, some alcohol related offenses, and possession of less than an ounce of marijuana, as well as having a program for DUII diversion. Offenders who have more than one alcohol related offense may be referred to an education program specifically targeting this high risk group. This program is not a diversion program and is not optional if imposed by the judge. In addition to the above mentioned programs, the court also offers two traffic related programs. One is for teen drivers and the other is specific to high risk drivers.
Deferred Prosecution Programs
- Shoplift/Theft Deferred Prosecution
The shoplift/theft deferred prosecution program, for first time offenders, requires an upfront guilty plea, agreement to pay court costs and restitution (if imposed), no new theft related offenses during the deferred prosecution program period, and attendance at a Circuit Court in-custody arraignment session. Successful completion of all the terms and conditions of the six month deferred prosecution program will result in the charge being dismissed. Failure to complete the terms and conditions of the deferred prosecution program will result in acceptance of the upfront guilty plea and move to sentencing.
- Alcohol/Marijuana Deferred Prosecution
To participate in the deferred prosecution program for a first-time alcohol offense or possession of less than an ounce of marijuana, the defendant will pay a court cost, attend an educational program, and pay a non-refundable fee to the program provider. If the defendant successfully completes all these requirements and commits no new similar offenses during the four month deferred prosecution program the charge will be dismissed.
Failure to comply with all terms of the deferred prosecution agreement requires an appearance on the disposition date set by the court. If you fail to appear on this date, the court will impose a fine and the full State and County assessments. You will need to contact the court to make arrangements to pay the additional monies. Failure to pay or make payment arrangements may result in your account being turned over to a collection agency and additional fees imposed.
- DUII Diversion
The offense of DUII is a Class A misdemeanor under Oregon law. Due to the seriousness of this offense and strict diversion requirements, Eugene Municipal Court strongly recommends consulting with an attorney before deciding how to proceed.
The court has two programs specific to traffic related offenses. The first is the Teen Driver program. The court also has a program for repeat offenders of alcohol related offenses. This program is generally imposed by the judge at sentencing. None of these programs result in dismissal of a charge. They are strictly focused on education:
- High Risk Driver Program
The High Risk Driver program is a sentencing alternative for drivers who engage in driving activity such as careless or reckless driving, driving at excessive speeds, violations involving accidents, or a driving behavior that places lives in danger. The course is coordinated and based at Legacy Emanuel Hospital, a regional trauma center in Portland, Oregon. The target audience is 18 to 26 year old drivers, as this is the highest risk group for fatal crashes. Defendants referred to this program will pay a course fee to Legacy Emanuel Hospital. Failure to attend the course after receiving a referral from the court will result in a license suspension or a contempt of court charge being filed.
- The Traffic Deferred Prosecution
The Traffic Deferred Prosecution is offered by the Eugene Municipal Court. This safety program is offered to qualified drivers for the purpose of promoting safe driving, reducing local area traffic crashes, and saving lives due to fatal crashes. Traffic crimes are not eligible for this program.
You may qualify for the Traffic Deferred Prosecution Program if all of the below are true:
- You have a valid driver’s license or provide proof of a valid license at arraignment and that license is not a commercial driver’s license.
- You do not have any other traffic offenses (pending or convicted) in the last 2 years.
- You have not participated in any other traffic diversion program during the last 2 years.
- The offense is a moving violation, including seatbelt and cellphone violations.
- The incident involved a collision or accident
- The offense is a class A violation, as specified in the Oregon Revised Statutes
- The offense is a traffic crime (misdemeanor)
- You waive the right to trial.
- You plead no contest to the charge(s) on your citation.
- You complete and file a traffic diversion agreement on your arraignment date.
- You pay the court fee equivalent to the violations bureau fine amount for your driving history within six months from the date of the no contest plea.
- You have no new convictions or citations within the six month diversion period.
- You attend, pay for, and successfully complete the court-approved traffic school program to which you are referred. On-line programs are not available unless approved by a judge at the time of entry to the diversion program. You must return your certificate of completion to the court prior to the end of the diversion period.
Failure to comply with the Traffic Deferred Prosecution Program will result in convictions on your driving record. You will need to appear for sentencing or enhanced fines will be assessed and owed. Any monies paid to that point will be applied against your new fine amount.
The Traffic Deferred Prosecution Program applies to a single incident date and time.
Municipal Court Violations Bureau
Are you interested in receiving a fine reduction without having to appear before a judge? If so, the Violations Bureau may be the option for you.
The Violations Bureau is a choice provided by the Eugene Municipal Court to resolve eligible minor traffic violations with a reduction in the base fine. Per ORS 153.800 and Municipal Court Order 98-001, Eugene Municipal Court clerks have been appointed by the presiding judge to serve as Violations Bureau clerks.
Violations Bureau clerks have the authority to review the defendant driving record and reduce the base fine amount based upon this review. The Violations Bureau clerk cannot take into account any extenuating circumstances or explanations for the citation. Defendants wishing to offer an explanation or provide evidence of mitigating circumstances related to the issuance of the citation must appear before a judge.
Eligibility For the Violations Bureau
You must meet the following criteria to be eligible for a base fine reduction through the Violations Bureau:
- Citation is for a traffic violation listed on the Violations Bureau Fine Reduction Schedule
- Have two or less moving violations (including your new charge) within the past two years
- There was not an accident involved
If you have been charged with driving uninsured and are interested in having this charged reduced through the court’s violations bureau you will need to obtain a Letter of Experience from your insurance underwriter or show a valid Insurance card. The Letter of Experience should be submitted on the underwriter’s letterhead. If your driver’s license was suspended, the letter of experience must state that the policy would cover a suspended driver.
The following information MUST be included in your Letter of Experience or on your Insurance Card:
- Defendant’s name
- Vehicle identification
- Coverage start date is PRIOR to the date on your citation
If you meet the eligibility requirements listed above, you may come to the front counter of the Eugene Municipal Court to speak with a Violations Bureau clerk. The clerk will review your driving record to confirm eligibility. If eligible the Violations Bureau clerk will have you sign a Violations Bureau Waiver form. The signed form acknowledges that you understand you are waiving your right to a trial and that the charge will be a conviction on your driving record.
You may appear before a Violations Bureau clerk Monday through Friday at 1102 Lincoln Street from 7:45 a.m. to 4:00 p.m.Payment of the reduced amount may be paid with VISA, MasterCard, check or cash. Your citation must have been entered into the court’s data system by the Eugene Police Department prior to your visit.
For a complete list of traffic violations with reduced based fine amounts, see the Violations Bureau Fine Reduction Schedule. Charges listed on the schedule are eligible for the Violations Bureau fine reduction process.
If you have questions or need more information about the Violations Bureau, please contact the court at 541-682-5400 or email.
Alcohol Education for Repeat Offenders
Offenders who have more than one alcohol related offense may be required, by the judge, to attend alcohol related education sessions. The offender will pay a non-refundable class fee and must successfully attend and complete all sessions required.
Failure to complete this program will result in imposition of fine and assessments previously suspended. The offender must contact the court to make payment arrangements. Failure to pay or make payment arrangements may result in turnover of the account to an external collection agency and imposition of additional fees.
If you have received a citation for one of the above mentioned charges, please feel free to contact the court at 541-682-5400 for additional information.
The information on this site does not constitute legal advice, it is provided for information only.While we make every effort to provide accurate information, there is no guarantee as to the accuracy.