Moore v. Super. Ct.
Annotate this CasePetitioner David Moore, Sr., was charged in a felony complaint with driving under the influence of alcohol, causing injury, and with driving with a blood-alcohol content of 0.08 percent or more, causing injury. The complaint further alleged that Moore had a blood-alcohol content of 0.15 percent or more, personally inflicted great bodily injury on one victim, and proximately caused bodily injury to two additional victims. The offenses allegedly occurred on November 22, 2018, when Moore’s vehicle collided with another vehicle, injuring three occupants of the other vehicle. Moore pled not guilty to the charges and denied the enhancement allegations. Before trial, on November 8, 2019, Moore’s counsel orally moved the trial court to hold a “prima facie hearing” to determine whether Moore met the statutory criteria to qualify for pretrial mental health diversion. The trial court denied Moore’s motion on the ground that Vehicle Code section 23640 rendered all felony and misdemeanor DUI defendants ineligible for pretrial mental health diversion under Penal Code section 1001.36. Moore then petitioned the Court of Appeal for a writ of mandate, claiming the trial court’s order was contrary to the plain language of Penal Code section 1001.36, its legislative history, and public policy. The Court of Appeal concluded that the legislative history of Penal Code sections 1001.36 and1001.80 showed that the California Legislature did not intend to make DUI defendants eligible for pretrial mental health diversion under section 1001.36. The Court denied Moore's petition and dissolved the order staying trial court proceedings.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.