The Davis Vanguard reports that Blizzard claims to have found a loophole to allow him to disregard a new state law that provides for a pretrial diversion program for most misdemeanor DUI cases.
One of the exclusions is not misdemeanor DUI. Attorneys in Sacramento note that Judge Thadd A. Blizzard has pointed to a decades-old vehicle code provision to deny diversion for misdemeanor DUI cases.
One attorney described his client as a perfect candidate, with no record and a good job, impressive references, and a blood alcohol level barely over the legal limit who was pulled over for an equipment violation. In this case, the attorney and client went to the DMV and challenged the license suspension, based on evidence that he was not driving with a blood alcohol level of .08 percent or higher.
Still, Judge Blizzard pointed to an old vehicle code provision under section 23640 that says a person can’t enroll or participate in a treatment program to put their case on hold and eventually have the case dismissed.
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