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Criminal,
California Courts of Appeal

Jan. 3, 2022

Court of Appeal agrees with OC DA saying if you drive under the influence you are not eligible for diversion programs

“This opinion not only corrects the reckless and misguided behavior of the state Legislature and Gov. Newsom, it will undoubtedly save innocent lives,” Spitzer added.

People convicted of driving under the influence are not eligible for diversion programs, a state court of appeal ruled, siding with Orange County District Attorney Todd Spitzer.

"We follow our Supreme Court's teaching and harmonize the statutes to avoid an implied repeal," Presiding Justice Kathleen E. O'Leary wrote for a unanimous 4th District panel. "We invite, indeed we implo...

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