
Photo By: Lance Cpl. Jonah Lovy
Today, Governor Edmund G. Brown, Jr. signed Senate Bill 725, authored by Sen. Hannah-Beth Jackson (D – Santa Barbara), clarifying that current and former members of the military who suffer from service-related mental health issues may be diverted to a treatment court in lieu of incarceration when charged with driving under the influence of drugs or alcohol. Prior to this bill, the law allowed for diversion for misdemeanor violations, but was unclear and perhaps contradictory on whether this included DUI violations.
To qualify for diversion, the individual must be diagnosed with post-traumatic stress disorder, traumatic brain injury, military sexual trauma or other trauma resulting from their military service. The bill also allows that, if the treatment is completed successfully, the arrest will be removed from the offender’s record.
Despite opposition from the California District Attorneys Association, with broad support in the veteran community, the bill easily passed in the State Assembly and unanimously passed in the State Senate.
Does this apply to Veterans who have already been convicted? I received a wet n reckless in 2012 on Veterans day for having .08 BAC in my blood. I was not driving I was pulled off to the side of the road because my passenger was feeling sick. I tried getting back in the traffic and CHP just blocked me because of an accident scene and made me stop and pulled me out opening my doors. I have yet till this day feel wronged for this incident because what a coincidence my blood was right at the limit. I also feels this is good news if it is not abused in anyway.
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Unfortunately we cannot advise on that. I recommend you contact an attorney to explore your options.
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I am curious , This situation happened to me previous to August 7,2017. I am wondering who I can talk to see if I can have this Bill pertain to my situation and get this off my record. It has affected many opportunities of me getting a decent job. Thanks.
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Unfortunately we cannot advise on that. I recommend you contact an attorney to explore your options.
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Why is this information only available through an attorney? Is there more information available online? Not everyone can afford an attorney.
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G-
Thanks for asking. There are Veterans Treatment Courts throughout California. You can find more information on our website: https://www.calvet.ca.gov/VetServices/Pages/Veterans-Treatment-Court.aspx
There are also many options available for veterans who need legal assistance and cannot afford an attorney. Find more information here: https://www.calvet.ca.gov/VetServices/Pages/Legal-Assistance.aspx
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