Robert Phillips
- Ref # CAB00036
- August 21, 2021
DUI Diversion - Update in the law
Driving Under the Influence defendants are entitled to California’s misdemeanant diversion program, per Pen. Code § 1001.95.
Diversion for DUI Defendant (Part II): No sooner were we told that “Driving Under the Influence” defendants (i.e. “DUI,” per Veh. Code § 23152(a)) were not entitled to the diversion option (Penal Code §1001.95) offered most other misdemeanor defendants, (see People v. Superior Court (Espeso) (July 14, 2021) __ Cal.App.5th Supp. __ [2021 Cal.App. LEXIS 637]; California Legal Update, Vol. 26, #9; Admin. Notes), and a new case comes out touting an opposite result. On July 27th, the Riverside Superior Court’s Appellate Division (in a split, two-to-one decision) went the other way, ruling that three DUI ....
