Military Diversion in DUI Case

March 2020

Michael’s client was charged with DUI and Hit and Run Driving in a 2017 arrest.  He retained two different lawyers that that were unsuccessful in getting him Veteran’s diversion even though he served his Country and was honorably discharged.  Michael sought expert opinion, filed the appropriate motions and ultimately sought a meeting with a supervisor after the courtroom DA would not fall in line with office policy.  Our client was offered informal diversion which will allow him to avoid any criminal conviction and result in a complete dismissal in 18 months.   Military diversion may be an option where the defendant was, or currently is, a member of the United States military and the defendant may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of his or her military service. The court may request, using existing resources, an assessment to aid in the determination that this paragraph applies to a defendant. If the court determines that a defendant charged with an applicable offense under this chapter is a person described in subdivision (a), the court, with the consent of the defendant and a waiver of the defendant’s speedy trial right, may place the defendant in a pretrial diversion program.

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