Islas v. Superior Court of Santa Clara County
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Islas, charged with misdemeanor DUI (Veh. Code 23152(a) and (b)), moved for pretrial diversion under Penal Code section 1001.95, which gives judges discretion to offer diversion to misdemeanor defendants. The trial court denied diversion based on Vehicle Code section 23640, under which DUI defendants are categorically ineligible for diversion. The trial court’s appellate division denied mandate relief.
The court of appeal stayed trial court proceedings and issued an order to show cause then denied the petition for writ of mandate. Misdemeanor DUI defendants are categorically ineligible from Penal Code section 1001.95 diversion by operation of Vehicle Code section 23640.
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