On June 11, 2021, our firm was scheduled to argue one of many cases regarding whether DUIs are eligible for diversion under the new judicial diversion law Penal Code section 1001.95. The case was set for argument in the Riverside County Superior Court, Appellate Division. The Appellate Division handles appeals and writs in misdemeanor cases. Our firm is handling approximately 10 of the cases pending in front of the Appellate Division concerning whether DUIs are eligible for diversion under Penal Code section 1001.95.
Diversion is a good option for many people facing DUI charges that could suffer collateral consequences as a result of a DUI conviction. This includes commercial driver's license holders, persons without citizenship, and persons who hold a professional license like doctors, nurses, and licensed vocational nurses.
Diversion has been granted on many DUI cases across Riverside County. Our firms' stance has always been that, under Penal Code section 1001.95, DUIs are eligible. Many judges in Riverside County are now understanding this to be the case. The Riverside County District Attorney fails to recognize this, and has challenged almost every grant of diversion on a DUI case in the county.
If you are facing a DUI charge, understand that you may be eligible for diversion under Penal Code section 1001.95.