Wade v. Superior CourtAnnotate this Case
Wade, an active duty member of the Army Special Forces Group and affiliated with the Naval Postgraduate School in Monterey, was charged with misdemeanor driving under the influence (DUI) with a blood alcohol concentration above 0.15 percent. The court denied his request to enter a pretrial diversion program under the military diversion statute, Penal Code section 1001.80. The court of appeal directed the trial court to reconsider. The trial court departed from the principles behind Penal Code section 1001.80 by focusing on the nature of the offense and applying the felony sentencing guidelines without apparent consideration of the rehabilitative purpose of diversion. The court abused its discretion by denying Wade’s request using criteria which the Legislature implicitly rejected; the Legislature expressly intended to include DUI offenses within the scope of diversion.