DUI & criminal defense blog

Attorney Lara Gressley Quoted in OC Register Regarding DUIs and Diversion under Penal Code section 1001.95

California Supreme Court orders briefing on DUI Diversion under Penal Code section 1001.95.

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. […]

AB 1950’s amendments to Penal Code sections 1203a and 1203.1 also apply to cases still on appeal.

In 2020, California introduced a new law called Penal Code section 1001.95, which allows people who commit certain misdemeanors to enter a special program instead of getting a criminal record. This program helps them avoid a conviction by completing some kind of rehabilitation. Surprisingly, this law also includes DUIs (Driving Under the Influence), which means […]

In Wade v. Superior Court (2019) 33 Cal.App.5th 694, the Court of Appeal reversed a trial court decision that denied a defendant’s request for military diversion in a DUI case. In denying the request, the trial court had noted that the charge of driving under the influence was “inherently dangerous.” Id. at 704. The trial […]

A search conducted by a warrant can be challenged under the Fourth Amendment.

The Court of Appeal found the trial court abused its discretion in continuing a preliminary hearing due to the pandemic over the defendant’s objection.

The testimony of a laboratory supervisor who had no involvement with the drug analysis, and the admission of the non-testifying analyst’s report, violated the Confrontation Clause.