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California Penal Code Section 1001.95 (DUI Diversion)

California Penal Code Section 1001.95 (DUI Diversion)

On January 1, 2021, Assembly Bill 3234 went into effect and was codified in Penal Code Section 1001.95. This new law allows a Judge, over the objection of a prosecutor, to allow Judicial Diversion in a DUI case. This law applies in a first offense DUI, second offense DUI, and third offense DUI. Essentially, the Judge decides whether it’s in the interest of justice to allow diversion.

If diversion is permitted by the court, the defendant may earn themselves a dismissal. A defendant is only convicted of a crime, after they are SENTENCED. In a diversion case, the sentencing is continued for up to two years, and then dismissed if the defendant completes the imposed court requirements.

As part of the agreement with the Court, the defendant must complete various requirements (for example a DUI program). Since there is no sentencing, the defendant is never convicted of the charged offense. The defendant comes back to court after the imposed time period, to show proof of completion of all requirements. The Judge DISMISSES the case, as long as all requirements were completed, and there are no new cases against the defendant.

California Penal Code Section 1001.95 states, ”

(a) A judge in the superior court in which a misdemeanor is being prosecuted may, at the judge’s discretion, and over the objection of a prosecuting attorney, offer diversion to a defendant pursuant to these provisions.

(b) A judge may continue a diverted case for a period not to exceed 24 months and order the defendant to comply with terms, conditions, or programs that the judge deems appropriate based on the defendant’s specific situation.

(c) If the defendant has complied with the imposed terms and conditions, at the end of the period of diversion, the judge shall dismiss the action against the defendant.

(d) If it appears to the court that the defendant is not complying with the terms and conditions of diversion, after notice to the defendant, the court shall hold a hearing to determine whether the criminal proceedings should be reinstituted. If the court finds that the defendant has not complied with the terms and conditions of diversion, the court may end the diversion and order resumption of the criminal proceedings.

(e) A defendant may not be offered diversion pursuant to this section for any of the following current charged offenses:

(1) Any offense for which a person, if convicted, would be required to register pursuant to Section 290.

(2) A violation of Section 273.5.

(3) A violation of subdivision (e) of Section 243.

(4) A violation of Section 646.9.

The Law Office of Ben Mironer always attempts to get Judicial Diversion for every client that is eligible. It is a crucial step in providing the exemplary representation that Ben Mironer always strives to achieve.