Taken from private parking lot under the influence with smoking device and put in a facility to sleep for 4 hours. With prior DUI record expunged for ten plus yrs. Do I qualify for informal drug diversion & how is my Social Security Disability Benefits affected. Can I do community service instead of paying fines? Is Prop 36 and or PC 1000 good for me and what is it?
DUI / DWI Attorney
Review the drug diversion code section. It looks like you are eligible for a PC1000 drug diversion. Its up to the court to convert fines to time or community service. PC 1000 is usually a 3 month drug class once a week with some drug testing. After you complete it and after a set length of time like 1 year of 18 months the case against you will be dismissed if you don't have any legal problems pending.
Penal Code 1000
(a) This chapter shall apply whenever a case is before any
court upon an accusatory pleading for a violation of Section 11350,
11357, 11364, 11365, 11377, or 11550 of the Health and Safety Code,
or subdivision (b) of Section 23222 of the Vehicle Code, or Section
11358 of the Health and Safety Code if the marijuana planted,
cultivated, harvested, dried, or processed is for personal use, or
Section 11368 of the Health and Safety Code if the narcotic drug was
secured by a fictitious prescription and is for the personal use of
the defendant and was not sold or furnished to another, or
subdivision (d) of Section 653f if the solicitation was for acts
directed to personal use only, or Section 381 or subdivision (f) of
Section 647 of the Penal Code, if for being under the influence of a
controlled substance, or Section 4060 of the Business and Professions
Code, and it appears to the prosecuting attorney that, except as
provided in subdivision (b) of Section 11357 of the Health and Safety
Code, all of the following apply to the defendant:
(1) The defendant has no conviction for any offense involving
controlled substances prior to the alleged commission of the charged
(2) The offense charged did not involve a crime of violence or
(3) There is no evidence of a violation relating to narcotics or
restricted dangerous drugs other than a violation of the sections
listed in this subdivision.
(4) The defendant's record does not indicate that probation or
parole has ever been revoked without thereafter being completed.
(5) The defendant's record does not indicate that he or she has
successfully completed or been terminated from diversion or deferred
entry of judgment pursuant to this chapter within five years prior to
the alleged commission of the charged offense.
(6) The defendant has no prior felony conviction within five years
prior to the alleged commission of the charged offense.
(b) The prosecuting attorney shall review his or her file to
determine whether or not paragraphs (1) to (6), inclusive, of
subdivision (a) apply to the defendant. Upon the agreement of the
prosecuting attorney, law enforcement, the public defender, and the
presiding judge of the criminal division of the superior court, or a
judge designated by the presiding judge, this procedure shall be
completed as soon as possible after the initial filing of the
charges. If the defendant is found eligible, the prosecuting attorney
shall file with the court a declaration in writing or state for the
record the grounds upon which the determination is based, and shall
make this information available to the defendant and his or her
Criminal Defense Attorney
Penal Code 1000 is drug diversion. You enter a guilty plea, but the judge continues sentencing for a period of 18 months to three years. (Since these are misdemeanor charges, 18 months is more likely.) If you take the required drug education class, follow other rules and generally stay out of trouble, the case is dismissed without a conviction. If you screw up, the judge accepts your plea and finds you guilty.
Proposition 36/Penal Code 1210 is a form of probation that provides treatment instead of jail. It isn't as good as PC1000 because it follows an actual conviction. If you fail PC1000, you might still be eligible for Prop 36, but the judge could also exclude you if you appeared unwilling to participate in treatment.
DUI / DWI Attorney
You would be eligible for PC1000 as the prior DUI would not disqualify you from the program. You should still be eligible for SSDI as long as you do not violate your terms of your probation and are not taken into custody.
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