People v. Weatherill
California Court of Appeal
1Opinion of the Court
Opinion
WOODS (Fred), J.
Do Vehicle Code sections1 23202 and 23206, which prohibit diversion “in any” driving under the influence case, make an exception for a developmentally disabled defendant? Our answer is no.
Procedural and Factual Background
On October 22, 1986, defendant was charged with misdemeanor violations of section 23152, subdivision (a), driving under the influence of alcohol, and section 23152, subdivision (b), driving with .10 percent alcohol in his blood. As to both counts it was alleged that he had suffered a 1984 conviction of section 23152, subdivision (a).
At his arraignment,…
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