Big smile under the mask today!
Earlier the judge granted our motion for judicial diversion in a DUI case which is a bit rare. Diversion allows a client to earn a complete dismissal of all charges and avoid any conviction on their record.
Our client was charged with a DUI and other offenses over a year ago. Usually these cases would not be accepted into diversion. However, we were able to demonstrate that our client was experiencing a severe mental health crisis earlier in the day and had been having suicidal thoughts. Our investigation showed the police were even called to his home for a welfare check earlier in the day but failed to place our client on a psychiatric hold. Instead, police told our client to leave his home to “cool off.”
Our client then left home and unfortunately was pulled over later in the day by other officers for driving under the influence. He was heavily impaired and experiencing a severe mental health crisis during his arrest.
We were able to subpoena incident reports of the initial welfare check and obtained witness statements that convinced the initially dismissive DA to agree that our client deserved “mental health diversion”.
Unfortunately, an appellate court decision recently made DUI offenses ineligible for mental health diversion.
Thankfully, the judge today agreed that this situation was unique, recognized our clients tremendous efforts in treatment and accepted our client into “judicial diversion”.
Our client can now earn a complete and well deserved dismissal of this case. This resolution not only allowed our client to continue to receive treatment but protected his employment as well. Cheers! #criminaldefenseattorney #criminaldefense #duilawyer #duidefense #diversion