Criminal Defense Questions: Pretrial Diversion still offered after losing DUI court case?

Question: My son received a DUI on New Years Eve and was offered Pretrial Diversion (PTD), but was not told by the public defender that he would need an ignition interlock in order to participate, but he does not have a vehicle at this time. We’re considering going to trial instead, what would happen if we lose?

Amir’s Answer: DUI Diversion and challenging the case through the court system are mutually exclusive ideas, which means you can’t have your cake and eat it too. You can either take DUI PTD or you can litigate the case, you can’t litigate the case and then, if you lose, still elect PTD.

The fact that the PD didn’t advise him of the full impact of PTD’s requirements is frustrating, but it’s not a logical reason to switch gears and challenge the case in court. The decision to take to case to trial, or perhaps before trial to file a motion to suppress, should be predicated upon the facts and circumstances of his case and the state of the law, not on an issue unrelated to those factors. For an in-depth analysis of his case and his defenses, call our criminal defense attorney here in Orlando at 407-487-2522.

Author: Amir Ladan
A former assistant state attorney for Orange/Osceola Counties, Amir has handled thousands of cases and dozens of trials, ranging from DUI and traffic offenses to murder, in both adult and juvenile court.
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