(1) 
The City has the authority to implement the diversion program and to grant authority to its municipal court judge and staff to implement and operate such program.
(2) 
The City would like to offer a diversion program, as designated by the municipal court. The diversion program would be entered into voluntarily and at the expense of the individuals receiving certain traffic violation citations, as designated by the municipal court judge, which excludes Class A violations and Mobile Communication Device violations.
(3) 
The diversion program is designed to allow drivers the opportunity to recognize and review their driving habits, attitudes and behaviors. The objective is to motivate drivers to heighten their driving awareness and establish safer driving techniques for the enhanced safety of the entire community.
(4) 
Defendants successfully completing the diversion program and meeting the other requirements of the municipal court, as described in this chapter, will benefit by the dismissal of the applicable traffic violation citation.
(Ord. 6073, 1/14/2026)
To be eligible for the diversion program, a person must:
(1) 
Have a valid driver's license or permit and not have commercial driving privileges (CDL).
(2) 
Appear in person at the Albany municipal court to enter a plea of no contest to the violation, elect to participate in the diversion program, enroll and complete a designated traffic safety course at their own expense, and pay any fees assessed by the municipal court, all within the time frame and parameters outlined by the municipal court.
(3) 
Be cited for a single Class B, C, or D moving violation that does not involve an accident, excluding violations under ORS 806.010 (driving uninsured) and ORS 806.012 (failure to carry proof of financial responsibility). Class A violations and Mobile Communication Device violations are ineligible.
(Ord. 6073, 1/14/2026)
Other qualifications and details about the diversion program are as follows:
(1) 
If the defendant enters a not guilty plea, the option for this diversion program or any other diversion program offered by the Albany Municipal Court will no longer be available.
(2) 
A person is not eligible for this diversion program if the person has participated in a previous traffic safety diversion program, in the Albany Municipal Court or any other court, or has been convicted, in this state or any other state, of a traffic violation or traffic crime. In addition, a person is not eligible if they are currently participating in any traffic safety diversion program. Any prior diversion program for a crime involving the operation of a vehicle is a disqualification.
(3) 
The municipal court judge is granted discretion as to whether to allow a defendant to participate in the traffic safety diversion program. If the defendant completes the diversion program, including the payment of the municipal court's fee(s), the violation will be dismissed. A fee will be assessed by the municipal court that is equal to the presumptive fine. The City may assess an additional traffic administration fee, which shall be established and adopted by resolution of the City Council.
(Ord. 6073, 1/14/2026)