California Supreme Court Asks For Briefing On Dui Diversion Under Penal Code Section 1001.95

Our firm filed a Petition for Review in the California Supreme Court after the Los Angeles Superior Court, Appellate Division ruled that DUI offenses were ineligible for diversion under Penal Code section 1001.95. The Petition asked the Supreme Court to decide whether DUIs are eligible for diversion under Penal Code section 1001.95. This is an important issue of law because there is a lack of uniformity in rulings across the state on the issue of whether DUIs are eligible for diversion under Penal Code section 1001.95. The Supreme Court’s decision on whether DUIs are eligible for diversion will bind judges in the lower courts on the eligibility issue. The Supreme Court ordered the parties to brief the issue in our case last week.