Tellez v. Superior CourtAnnotate this Case
Jeremy Tellez was charged with DUI offenses and sought pretrial mental health diversion. The issue presented for the Court of Appeal's review was which of the two statutes prevailed: Vehicle Code section 23640 or Penal Code section 1001.36. Like the trial court, the Court concluded that Vehicle Code section 23640 prevailed and barred pretrial mental health diversion for defendants charged with DUI offenses. the Court therefore denied Tellez’s petition for a writ of mandate.