Tan

I. FACTUAL BACKGROUND

On May 28, 2019, the San Mateo County District Attorney charged Tan with two misdemeanor violations of Vehicle Code section 23152. (Veh. Code, § 23152, subds. (a) & (b); counts 1 & 2.)

2 Tan also asserts that the San Mateo County Superior Court instituted a court-wide policy prohibiting trial judges from granting diversion in misdemeanor DUI cases. Tan argues the trial court did not follow proper procedures, violated his due process and equal protection rights, and asks us to prohibit the trial court from enforcing its policy of categorically denying diversion to defendants charged with misdemeanor DUI. As we explain below, we need not consider these arguments because we conclude diversion is unavailable in misdemeanor DUI cases.

2 On April 19, 2021, Tan filed a petition requesting court-initiated misdemeanor diversion under sections 1001.95 and 1001.97.3 At the hearing on Tan’s petition, the trial court heard argument from both sides, then stated its tentative ruling that “DUIs are not currently exempt from [section] 1001.95” and that “Mr. Tan present[ed], . . . if not a quintessential, a representative case in which such diversion may be warranted.” The…