duilawyermarincounty.com/
Law Offices of Aaron Bortel
4040 Civic Center Drive
Suite 200
San Rafael, CA 94903
650 5th Street
Suite 508
San Francisco, CA 94107
Phone: (415) 886-6333
Text: (415) 799-3419
Marin County, a small county, just north of San Francisco, across the Golden Gate Bridge, is one of the few counties in Northern California that has become accepting of the new diversion laws for eligible driving under the influence (DUI) cases.
Under this new diversion law, passed by the California legislature in 2021, if you have a DUI in Marin County there is a good chance of having your case diverted out of the criminal courts. Assuming your attorney gives you legal advice and you do everything your attorney tells you to, your case can be diverted out of the criminal system, avoiding a criminal conviction. It takes a lot of work on your part and that of your attorney, but it is doable. We’ve been successful in doing this for many clients.
The legislature has tried to get rid of the diversion law once already this year, but that attempt failed. The Public Safety Committee still feels strongly that diversion is a good thing to have. The criminal system for DUI convictions isn’t working. Criminal DUI convictions are followed by too much recidivism. What we’ve seen, so far this year with the diversion cases, is there have been few re-offenders. In fact, I think it’s less than what it was before diversion, which is incredible.
However, many people don’t like the law, don’t understand it, or just haven’t seen the results. They think every DUI should end in a conviction with a permanent DUI on their record that will mess with their lives in many ways. We are human and we make mistakes. I think if on our first mistake if no one is seriously hurt or killed, people should get a second chance. The diversion program doesn’t just let them off but requires counseling, school, therapy, to help prevent it from happening again.
We have continued to keep our clients updated on this law because I have a big concern that diversion may go away. If it does go away, it is not clear what will happen to the cases that have already been granted a diversion. The judges in Marin County have been putting people on a two-year diversion period, basically providing a timeline for the requirements of the program to be met, to stay out of trouble. If diversion goes away, we don’t know what’s going to happen from there. Will these cases go back into the criminal system?
If you have been granted a diversion in Marin County, my advice is to get the conditions of diversion completed as quickly as possible. You can’t speed up two years, but you can control the completion of the diversion requirements. Everyone put on a DUI diversion must complete DUI School and get proof of completion to the court. Don’t delay in getting this done. Most people who have been getting diversion in Marin County for their DUI cases are required to do 40 hours of community service. Get it done now!
If you have been granted a DUI diversion and this law goes away before you have done your community service, chances are the courts are going to reinstate charges because the law has changed, and you haven’t finished what was required of you.
You also must complete a watcher’s advisement, paperwork indicating you understand the seriousness of your actions. You must acknowledge that if you commit another DUI and someone gets killed, you can be charged with murder. Once you’ve signed the documentation, either you or your lawyer need to get that to the court.
Those are the things and you need to pay a $250 fine versus paying over $2000 for a DUI.
Also, if you have recently been arrested for DUI in Marin County, it is important to talk to a lawyer right away. These cases are significantly delayed because judges are only allowing ten per week to be heard. We’re seeing court dates that are nine or ten months after we file the case. With this backlog it is imperative you get your case filed as soon as possible.
To be successful with your diversion case, you need an experienced lawyer, who only handles DUIs in Marin County, to take care of your case. They will walk you through what you need to do and get your motion filed as soon as possible. We’ve never had diversion before. We have it now and we must take advantage of it.
In the 30 years I’ve been practicing DUI defense in Marin County, in the San Francisco Bay area, I have never seen anything like this before. Diversion may not be here for long – we just don’t know – but this is an enormous opportunity. Anyone who is arrested for a DUI should be looking into this, and quickly.
Things may change in Marin. With work, they may be able to speed up the process, but for now, it’s, get in line because it’s going to take a while. If you want to go for a diversion, hire a lawyer.
For More Information About DUI, Please Visit:
en.wikipedia.org/wiki/Drunk_driving_in_the_United_S.
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