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Charged with Both DUI and Another Crime? Dismissal of “The Other Crime” Under Diversion
California law provides three court-authorized pathways to seek dismissal of a criminal charge through diversion: However, due to controlling case law, diversion is not permitted for DUI offenses unless the defendant qualifies for military diversion under Penal Code § 1001.80. This means that most DUI charges are categorically ineligible for dismissal through judicial or mental health diversion programs. So what happens when you’re charged with DUI and an additional offense in Los Angeles or elsewhere in California—such as drug possession, or gun possession, and you qualify for diversion on the non-DUI charge? Here, Los Angeles DUI Attorney Alex Andryuschenko explains your legal options and how courts handle these situations, especially when one charge may be eligible for diversion while the […]