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Frequently Asked Questions  ›  Answer

Can you clarify the difference between a Pacific County Diversion and a deferral?


A diversion is a local program between the defendant and the county. In a diversion program, the fee is fixed at $200 and owed to the prosecutor. The case is dismissed up front on the requirement that you do not get another ticket for 6 months to 1 year (depending on record). The case can only be refiled if you get a new ticket within that time frame.

In a deferral situation, the fee is fixed at $150 by the court and it is a right to request once every 7 years under statute. Once the fee is paid, the case is put on hold for 12 months and then dismissed a year later if you do not get a new ticket. The main benefit of a diversion is it does not take away your once-in-every-7-years right to request a deferral on another ticket since. Also, the case is dismissed up front where the prosecutor does not do a good job at monitoring compliance. You might be able to get away with a new violating ticket while on diversion but not when you enter a deferral since the courts are very good at compliance monitoring. Pacific County is the only county with a diversion program and the deferral is valuable because in some courts, that would be the only way out of a ticket.

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