Diversion Revocation avoided after successful negotiations
Client placed on diversion for DUI in November 2016. A motion to revoke diversion filed in December 2016 following 2 consecutive positive tests for marijuana during random testing. Client admitted to probation office that he smoked marijuana after signing the diversion, but had quit shortly thereafter. The state moved to revoke the diversion based on the positive tests and his admission. The State initially refused to reinstate the diversion, standing firm in their policy against negotiating when positive UAs are submitted after diversion had started. After meeting with the prosecutor on several occasions to discuss resolution of the violations, the state agreed to withdraw the motion if the defendant agreed to participate in the Weekend Intervention Program, a 2-day "in custody" program designed to help with addiction-related issues. In the end both sides take satisfaction as the Agreement remains intact and the defendant suffers additional, albeit meaningful, penalties via the WIP class.
Practice area(s): DUI / DWI