DUI Diversion Agreement

Talk is cheap, and sometimes the devil is in the details.  So, why not show the people an example of what they're getting into should they sign on the dotted line for DUI diversion?  Well, below please find a sample agreement, just in case you're curious as to all the conditions involved.  You may have noticed that diversion agreements look similar to the standard conditions of probation because, essentially, diversion programs are supervised by county probation departments and their probation officers.   This agreement will vary per county, but the subject matter is common to most agreements.  Enjoy!

DUI PRETRIAL DIVERSION CONTRACT

THIS AGREEMENT is between the above named Defendant and the State Attorney's Office, by and through the undersigned Assistant State Attorney, with said contract conditions to be administered by our local County Corrections Department (in other words, county probation).

The Defendant is charged with Driving Under the Influence, and based upon an investigation of the offense and the Defendant's background, the interests of the State of Florida and the Defendant are best served by entering into this agreement.

STANDARD DUI PRETRIAL DIVERSION CONDITIONS

(1) Do not violate any federal, state, or local laws.  If you are arrested, you are subject to automatic revocation whether the crime occurred before or after signing the DUI Pretrial Diversion contract.  You will not possess any illegal or controlled substance.  No consumption or possession of alcohol.
(2) Associate only with law-abiding citizens.
(3) Work regularly at a lawful occupation, or study as a full time student, or both, and support your dependants to the best of your ability.  Any exceptions must be approved by the program, and employment must be verified by documentation (you don't want them calling your boss, do you?  Bring pay stubs...)
(4) Take an active role in treatment and counseling, attending all appointments.  You are responsible for all program costs.  Program referrals may include drug/alcohol counseling, a mental health evaluation, uring screenings, a General Equivalency Diploma (GED), and English for Speakers of Other Languages (ESOL).
(5) Changes in residence or employment shall be reported to the Program immediately (and, if arrested on this case, notice the clerk of court as well).  If you move or change employment without prior notice given, you are subject to automatic revocation.
(6) Report monthly to your diversion officer, and additionally, monthly reports (written, electronic, verbal) may be required.  Additional fees apply to telephone reporting.  All reports must be truthful, all questions asked of you by your officer must be answered truthfully and promptly.
(7) Pay a non-refundable processing and supervisory fee of $750.00 to the Pretrial Diversion Program, as required by Florida Statute Section 948.08. 
(8) Pay a $50.00 non-refundable cost of prosecution fee to the State of Florida within sixty (60) days, as required by Florida Statute Section 938.27.  Pay a one time $20.00 intake fee as directed, and a one-time $17.00 Drug Testing Fee as directed.
(9) Submit to random urine screenings for drugs and alcohol.  Any drug test with a positive result is a violation of this contract, and may result in additional consequences or revocation of this contract.

SPECIAL DUI PRETRIAL DIVERSION CONDITIONS

(10) Complete fifty (50) hours of community service within eleven (11) months of the date of contract signing.
(11) Attend and successfully complete a DUI Level I School within four (4) months of the date of contract signing.
(12) Comply with any counseling recommended by the School within nine (9) months of the date of contract signing.
(13) Complete a Victim Impact Class through the MADD organization, unless otherwise directed by your assigned officer, within three (3) months of the date of contract signing.
(14) Install an approved ignition interlock device on any vehicle you operate for six months, with said device installed no later than the third month after the contract is signed.
(14) Make a $1,000.000 monetary donation to either the Victim Services Center or MADD.  The donation is to be made within nine (9) months of the date of contract signing, and proof shall be presented to your officer.
(15) Pay all investigative costs if requested by the arresting agency, and as directed by your assigned officer.
(16) Complete an Advanced Driver Improvement Class.

GENERAL RULES

By signing this contract, you affirm that you have no criminal history, or if you have a prior criminal history, you have fully disclosed it to Diversion.  You affirm that you have never before participated in any Pretrial Diversion/Intervention program, or that you have fully disclosed it to Diversion.  You also affirm that you have no criminal case pending, and that you are not under supervision by any other entity for another criminal case.  If you have not been fully candid on this issue, you are subject to revocation.
If you fail to comply with any of the above conditions, your case may be subject to the following action, depending upon the violation:
(a) Your officer may submit a request for modification to the State Attorney, and said modification may be granted, or you may be scheduled for a review board hearing.  The period of this program may be extend for a period not to exceed two (2) years from the date of this agreement, or
(b) the review board may add additional special conditions or otherwise modify this contract, or
(c) the review board may revoke this contract and the State Attorney shall prosecute you for this offense (if you get re-arrested, for example, expect to be revoked, or, if you can't complete a condition such as the DUI school or interlock device, expect to be extended first, then revoked)

The review board has been established to review proposed revocations or modifications of this Diversion Contract, with the review board comprised of an Assistant State Attorney and a representative of the diversion Program.  If you go to a hearing, your Pretrial Diversion Officer may attend this hearing.  At the review board hearing, evidence establishing violations of this Agreement will be heard.  Failure to appear at a scheduled review board hearing will result in automatic revocation from this Program.  The review board's final decision after considering all the evidence, will be rendered in writing with reasons for that decision.

This Agreement is a deferral of prosecution.  Once conditions are completed this contract may be terminated after twelve (12) months by the Office of the State Attorney.  If its terms are met, the initial charge will be dropped and the State of Florida will be barred from prosecution.  If its terms are violated, prosecution concerning this charge will proceed.

I hereby state that the above has been read by me or to me.  All conditions have been explained to me and I understand them and agree to comply with them.  Furthermore, I fully understand the criminal charge(s) pending against me.

By signing this Pretrial Diversion Contract, I understand I waive my right to have prosecution commence within the time limits required by the statute of limitations and my right to a speedy trial as defined by the Constitutions of the United States and Florida, and the Florida Rules of Criminal Procedure.

I also agree that I will sign a document described as a DUI Community Pledge and that the Office of the State Attorney will retain the original pledge document.  The DUI Community Pledge may be used in future DUI-related prosecution as evidence of completion of a prior deferred prosecution program.

It is also understood that this is pilot program and in the event that it is determined that the pilot program is to be terminated prior to completion of this contract period that this case will be placed back on the Court docket.  If this case is placed back on the Court docket through no fault of the participant, consideration will be given for the term of participation and the completion of program conditions.

____________________________________
Defendant Signature, Date of Birth, Date Signed


____________________________________
Witness to Defendant's Signature


The Office of the State Attorney hereby agrees that, should the defendant fully meet the terms and conditions of this agreement, the charges referred to herein shall be dropped by either Nolle Prosequi or No Information Notice, upon completion of the program.

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Assistant State Attorney Signature, Date

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