Criminal,
California Supreme Court
Mar. 21, 2022
California Supreme Court declines to hear case on diversion programs for DUI defendants
This was the first published opinion by a court of appeal on the issue, and clarifies the limits of Penal Code section 1001.95, which gave judges broad discretion to grant diversion to misdemeanor defendants with few exceptions.
The California Supreme Court refused to hear a court of appeal decision that found defendants accused of driving under the influence are ineligible for diversion programs.
The Orange County district attorney fought efforts by a drunken driving defendant to be allowed into a diversion program.
"We are doing everything we can to prevent first-time offenders from becoming repeat offenders and when first-time offende...
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