Diversion revocations occur when the defendant, who has previously agreed to terms outlined in the Diversion Agreement, has violated one or more conditions outlined in the agreement. The typical violation is the use of alcohol or marijuana during diversion. All defendants are randomly tested for drugs and alcohol during the diversion period. Attorneys will review the Agreement with their client prior to signing and paying the required diversion fees of $750 plus court fees on a DUI case. While I always stress the importance of following all the conditions, the no alcoohol provision seems to be the primary factor in revocation hearings. Upon notice of a positive test, the prosecutor will file a Motion to Revoke with the court and a hearing date is set. At the hearing, you and your attorney will either admit to the violation or deny the allegation. My experience is that most defendants will admit the violation and request reinstatement of the diversion with additional and punitive conditions added to the agreement. More recently I proposed an added condition of the Weekend Intervention Program (WIP) in lieu of a revocation. My client agreed to complete the WIP class, a two-day "in custody" seminar that focuses on addiction-related issues and methods to overcome the problems. This resolution of the diversion violation is a win-win in my opinion. The prosecutor gets 2 days "in-class custody" and extended treatment for the defendant, and the defendant gets extended treatment AND keeps the diversion agreement in place. In the end, the defendant will have maintained the original diversion agreement while learning how to cope with and manage potential addiction issues. A win-win proposition for sure.
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