Bakersfield DUI Attorney Talks About Drug Diversion

Drug diversion is available to those that qualify and can mean the case is dismissed without any scar on your record.  There are things that will make a person ineligible however.  Number One, there is no evidence of a violation relating to narcotics or other restricted dangerous drugs other than a violation or attempted violation of an offense listed in PC 1000(a). Indeed, the Courts have held that a criminal defendant charged with being under the influence of a controlled substance under Health & S C §11550 and driving under the combined influence of alcohol and a controlled substance under Vehicle Code  §23152(a) which is DUI, after blood test showed presence of cocaine, was not legally eligible for diversion under former Pen C §1000(a)(3)). The type of evidence required under Pen C §1000(a)(3) is information showing that the defendant has “probably committed” a disqualifying illegal drug offense, not simply a suspicion or rumor to that effect, says the high court. According to one Bakersfield DUI Attorney, there is no requirement that the defendant actually be charged with the disqualifying offense.  The Courts have been clear on this issue, saying, evidence of prior narcotics charge dismissed due to reasons relevant to the current charge and the diversion proceeding properly considered by the prosecutor.  Furthermore, that evidence of charge of transportation of methamphetamine dismissed as part of plea bargain properly considered.

One Response to Bakersfield DUI Attorney Talks About Drug Diversion

  1. Venecia says:

    I want to say that this eneirtatning monthly feature isn’t long enough but in a perfect world it wouldn’t need to exist at all.

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