Oregon has a program called ‘diversion’ for first time DUII cases. If a person completes the terms of the diversion program, the case is dismissed. However, to enter into the diversion program, a person must make a request within 30 days of the initial arraignment and must come to court when required. Mr. Beach’s client had failed to appear in court on this case twice and the diversion entry was one and a half years after the arrest. These are two legal issues that should have prevented Mr. Beach’s client from being allowed into the diversion program. However, Mr. Beach established that the delay and missed court appearances were not the fault of his client. He showed that his client had been a victim of a very controlling and abusive relationship and that she had been forced to leave to the east coast where her abuser was eventually arrested. Accordingly, the judge allowed Mr. Beach’s client to enter into the diversion program.