Diversion for DUI Defendants:  The Appellate Division of the Superior Court of Los Angeles County has published a decision holding that defendants charged with “Driving Under the Influence” (i.e., “DUI,” per Veh. Code § 23152(a)) are not entitled to the diversion option offered to most other misdemeanor defendants. (People v. Superior Court (Espeso) (July 14, 2021) __ Cal.App.5th Supp. __ [2021 Cal.App. LEXIS 637].)  The misdemeanor diversion statute, Penal Code §1001.95 (effective Jan. 1, 2021; AB 3234), permits a judge to put the prosecution of most misdemeanants (with limited exceptions; see subd. (e)) on hold for up to two years, and then to dismiss the case if the defendant fulfills all the terms and conditions imposed by the court.  With DUI not listed in the statute as one of the exceptions, even California Governor Gavin Newsom expressed some concerns about the likelihood that this would include DUI cases when he signed the bill enacting the new diversion program under section 1001.95.  The reasoning behind this new case decision exempting DUI cases from the provisions of section 1001.95 is that even though not listed as an exception in subd. (e) of § 1001.95, another Vehicle Code provision (i.e., V.C. § 23640(a)) specifically provides that where a violation of V.C. § 23152 (or V.C. § 23153; DUI w/injury) is alleged, the defendant is not entitled to a stay or dismissal of his or her case in favor of any diversion-type programs.  The Second District Court of Appeal has already declined to intervene, indicating that the Superior Court Appellate Department’s ruling on this issue sounds good to them.