Hopkins

—In 2014, the California Legislature enacted a statute, Penal Code section 1001.80, authorizing a trial court to grant pretrial diversion to a defendant charged with a misdemeanor if the defendant was, or currently is, a member of the United States military and suffers from sexual trauma, traumatic brain injury, posttraumatic stress disorder (PTSD), substance abuse, or mental health problems as a result of his or her military service. The purpose of the pretrial diversion program is to allow veterans who are suffering as a result of their service to get the services they need and also help them be more easily employed by keeping convictions off their records if they successfully complete the program.

The question presented in this writ proceeding is whether Vehicle Code section 23640, which prohibits pretrial diversion in any case charging a violation of Vehicle Code section 23152 or 23153 (a DUI case), precludes the trial court from placing in a pretrial diversion program a defendant in a DUI case who would otherwise qualify for pretrial diversion under section 1001.80. Based on the rules of statutory construction, the language of section 1001.80 and Vehicle Code…