QUESTION

What are the chances of diversion if this is my first offense?

Asked on Jul 10th, 2012 on DUI/DWI - California
More details to this question:
I had a couple of beers and shot of vodka at a party. I got a ticket and have a court date soon, but police officer said I might get a diversion.
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7 ANSWERS

Family Law Attorney serving Alameda, CA at The Derieg Law Firm
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What are the charges? Is it a DUI? If so, then no, I have never seen diversion in a DUI case.
Answered on Aug 18th, 2012 at 1:59 PM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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You might get diversion, you might get a year in jail. Neither is likely on a first DUI. You are always entitled to represent yourself in court. Whether you should is a different issue. The conventional wisdom is that an attorney will be able to do a better job and get a better outcome. Prosecutors and judges don't like dealing with ProPers, unless you are simply pleading guilty, not defending the case. The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, expected testimony, priors history, etc. A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of your license imposed by DMV upon your arrest. That is separate and runs consecutively with any suspension that may be imposed by the DMV, or the court upon conviction. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you do not win the appeal, you can still apply later for a restricted license for to/from work and school, etc., after serving at least of the full suspension period. If you don't know how to do these things effectively, then hire an attorney that does. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? While this isn't a 'capital case', you certainly face fines and potential jail, so handle it right. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.
Answered on Aug 13th, 2012 at 4:26 PM

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Criminal Defense Attorney serving Orange, CA at Law Office of Joe Dane
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Diversion on a DUI? Not likely at all. You may have legal or factual defenses that may make your case winnable or be enough to get the charges reduced, but you're going to need an attorney's assistance with this - it's definitely not a do-it-yourself project. Don't miss the 10 day window you have to contact the DMV regarding the automatic suspension of your license. If you don't contact them, you'll automatically lose your license for 4 months.
Answered on Aug 13th, 2012 at 4:10 PM

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Zero. Diversion is for possession or use of drugs and the diversion laws exclude driving under the influence even if the person was dui drugs.
Answered on Aug 13th, 2012 at 4:04 PM

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What kind of ticket did you get? If it is minor in possession, a good lawyer can probably work something out with the Judge whereby you get the charge ultimately dismissed. This may include diversion, but may also include other alternatives.
Answered on Aug 13th, 2012 at 3:32 PM

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Criminal Defense Attorney serving Calabasas, CA at Law Office of Bernal P. Ojeda
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There is no diversion for DUI.
Answered on Aug 13th, 2012 at 3:26 PM

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Criminal Law Attorney serving San Diego, CA
Friend: You have an excellent chance at diversion if this is your first offense. I routinely obtain PC 1000 for my clients especially if the first offense. It sounds as if you are a fellow Californian.
Answered on Aug 13th, 2012 at 10:29 AM

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