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Military Diversion Program Allows Misdemeanor DUI Offenses

Posted by Robert Berglund | Aug 03, 2026 | 0 Comments

Penal Code section 1001.80 allows a court to postpone prosecution of a criminal case and place the defendant in a pretrial diversion program if the defendant is or was a member of the United States military and if he or she may be suffering from post traumatic stress disorder (PTSD), traumatic brain injury, sexual trauma, substance abuse, or mental health problems as a result of his or her military service.  The deferred defendant would be referred to an appropriate treatment program rather than criminally prosecuted.  If he or she successfully completes the treatment program, and does not pick up any new offenses during the diversion period, the case will get dismissed.  

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