Criminal Defense
Veteran Avoids DUI Conviction After Completing the Military Diversion Program
L.F. is a veteran of the U.S. Marine Corps and served our country in support of Operation Iraqi Freedom. Although his experiences in the service have positively impacted his life, they also left him with internal battles that required his attention.
When our client was arrested for D.U.I., he reached out to our firm to see how we can help. After our consultation, we presented him with our recommendations in how to proceed with his case. Together, we agreed to request the court to admit our client into the Military Diversion Program.
Challenges
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.
Solution
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.
The Result
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!
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