Recently, at the Van Nuys Courthouse in Los Angeles County, attorney Karin Khachatorian represented a client, who was charged with Vehicle Code sections 23152(a) and 23152(b), unlawfully driving a vehicle under the influence of alcohol and/or with a blood alcohol level of more than 0.08 percent. It was alleged that the client had a Blood Alcohol Content (BAC) of 0.10%.
Ms. Khachatorian worked persistently in investigating and preparing the defense, which included her obtaining discovery and further personal information about the client’s Military background. Once it was established that he served in the United States Marine Corps, Ms. Khachatorian determined that the best defense strategy for the case was to seek Military Diversion, since the client had met the qualification requirements:
The court can grant a military diversion program (Per Penal Code section 1001.80) if you meet the following criteria:
The defendant was, or currently is, a member of the United States military.
The defendant may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of his or her military service.
The court may request, using existing resources, an assessment to aid in the determination that this paragraph applies to a defendant.
Ms. Khachatorian arranged an evaluation for the client through The Department of Veterans Affairs (VA) services. Since the evaluation was favorable and since the client had no prior criminal record, he was eligible for Military Diversion. The formal motion was filed and granted by the Court. The client was placed on Military Diversion for 24 months and will have to successfully complete the three (3) month alcohol program and remain in the treatment program designed by The Department of Veterans Affairs. The misdemeanor charges will be completely dismissed upon successful completion of the client’s Military Diversion terms.
This is, once again, a fantastic result where the client will not face any jail time, will maintain his reputation, and will not have a conviction on his record.
*Please note that every case is unique and fact specific. Results will vary and there are no guarantees.