May 20, 2022 – Islas v. Superior Court (6th Dist., H049445)

The Court of Appeal holds that misdemeanor DUI defendants are categorically ineligible for diversion under PC 1001.95. The court reasons that while PC 1001.95 does not specifically exclude DUI defendants, VC 23640 prohibits suspension or dismissal of DUI charges based on the defendant’s participation in a treatment program, and that to harmonize the two statutes, VC 23640 must be read to create an exception to the availability of diversion under PC 1001.95.