Case Results

Early in 2019, our client was pulled over and arrested for suspicion of D.U.I.. Like many others in his shoes, he feared that the arrest would cause him to lose his job and affect his progress in his education and professional prospects. 

During client consultation, we discussed his arrest, veteran status, experiences, and service-connected disabilities. As of today, most diversion programs (i.e., alternatives to traditional criminal convictions) are not available for cases involving D.U.I.. However, the Military Diversion Program was recently re-written to specifically include D.U.I. charges.

Our firm filed a motion to admit our client into the Military Diversion Program in lieu of having him suffer a criminal conviction. The motion was filed pursuant to Penal Code section 1001.80.

At the hearing, we argued that our client qualified for the program because he is a U.S. veteran and suffers from PTSD as a result of his service. We also argued that the goal of the program is to help veterans like him by giving them a second chance and an opportunity to seek treatment over incarceration. Over the City Attorney’s objections, the Court granted the motion and our client was placed in the program. 

Once in the Military Diversion Program, the Court required our client to treat his PTSD at his local VA hospital for one year. The Court supervised his progress by requiring him to appear in court every 3 months for progress reports. At these hearings, he brought with him letters from his treating doctor verifying that he was satisfactorily completing his treatment. 

After one year of successful treatment at the VA, our client’s case was dismissed!