I was with a Friend at a bar my friend was severely intoxicated. I had A drink at the bar. I was not gonna let my friend drive home I do not drive nor have a drivers license. My friend was so severely intoxicated I was in fear for my life . I did not call for a taxi because I’ve been raped by a taxi driver . I panicked and drove. While driving the passenger grabbed the wheel of the vehicle causing it to collide into three people injuring them severely now I’m facing a felony . If I didn’t have the mental illness I may have not Panicked and driven bottom line is he grabbed the wheel of the car. I need legal assistance based on my mental illness Can My criminal case be dismissed based on my mental illness especially with the new law that passed June 27, 2018 My diagnosis Is borderline personality disorder bipolarII and PTSD.
You should not have been driving the vehicle. Your mental condition and situation does not give you any excuse to drive. Get an attorney. You are facing serious charges.
ANDREW ROBERTS CRIMINAL, DUI AND TRAFFIC TICKET DEFENSE ATTORNEY- 40 YEARS EXPERIENCE
No, it won't be dismissed because you're mentally ill.
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience
This law is too new for anyone to hazard a guess as to whether a judge would grant a request for the relief of which you wrote, you should hire a lawyer and let them see what a judge is willing to do.
This answer is not legal advice, it may not even be relevant to the question answered, it definitely is does not establish an attorney/client relationship.
Since this law was just enacted, it's application to DUI cases has not yet been litigated. The Prosecutors are arguing against it, but until someone tries it and then appeals the denial of the diversion to make some law.
My guy feeling is that it will not apply unless you can show that the mental illness caused you to drive after drinking. The court will probably rule that there were alternatives such as UBER or LYFT since you don't even have a license!
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