Holliday

FACTS AND HISTORY OF THE PROCEEDINGS

Complaint, Motion for Military Diversion, and Opposition to Motion Filed

The People filed their complaint in July 2023. Count one accused defendant of misdemeanor driving under the influence in violation of Vehicle Code section 23152, subdivision (a). Count two accused defendant of driving with a blood-alcohol concentration above 0.08 percent, in violation of Vehicle Code section 23152, subdivision (b). An enhancement to both counts alleged defendant willfully and unlawfully drove a vehicle with a blood-alcohol concentration of 0.15 percent or more, within the meaning of Vehicle Code section 23578. In November 2023, defendant filed a motion under section 1001.80 for military pretrial diversion (the motion). According to the motion, defendant enlisted in the Air

2 Force in December 2019, was still enlisted at the time the motion was filed and intended to make a career of his Air Force service. Counsel wrote that defendant’s “Substance Use Disorder (alcohol) began after he was stationed in Qatar from September 2021 to November 21, 2021. He was newly married, and dealt with stress of deployment, and family disintegrating with him not home. He…