Thank You for Your Service
MILITARY DIVERSION AFTER A DUI ARREST
If you are, or were, a member of the United States military and suffering from trauma related to your service, you may be eligible for a DUI diversion program . California law PC 1001.80 allows the court to suspend prosecution on misdemeanor charges if the defendant may be suffering from PTSD, or other mental health problems related to the defendant’s military service. Specifically, the trauma as delineated in the statute includes:
Traumatic brain injury; Post-traumatic stress disorder (PTSD) ; Substance abuse; Sexual trauma or Mental health problems.
The Military Diversion Program is set by the local court, and a candidate, is placed in the appropriate treatment program. Treatment may include group and individual counseling, medications and support services. If the defendant successfully completes the treatment program and does not re-offend in the interim, the court will dismiss the charges.
The Legislature addressed the legality of Military Diversion and recognizes the service of our military and society’s commitment to helping those who served. The law specifically includes violations of Vehicle Code sections 23152 and 23153 (DUI violations).
For eligible defendants we file a motion and a Request for Military Diversion with the court. We support the request with documentation of his or her service and an assessment of his or her mental condition by a mental health professional. The prosecution may object. We will attend hearings on your behalf where the court will find the defendant either eligible or ineligible for the program. If found eligible, the defendant must successfully complete treatment within two years. During the diversion period, the court will require periodic proof of enrollment in the program and compliance by the defendant. If successfully completed and the charges are dismissed, it will be as if the arrest never occurred.
Please note a DUI arrest also triggers a separate proceeding: the DMV Administrative process can result in a license suspension. Military Diversion Program has no effect on this separate administrative proceeding. A successful candidate may still see his or her license suspended by the DMV and DMV points on his or her DMV record.
The military diversion program is a good alternative for eligible individuals who are arrested for driving under the influence. If you have been arrested for driving under the influence and think you might be eligible for this program, you can contact us for a free consultation. Not only will successful completion in this program remove any record of the arrest but the treatment will hopefully address the trauma experienced by the individual.
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