Cengage Advantage Books: Law for Business 18th Edition by John Ashcroft ,Janet Ashcroft

Exercise 10

Kristina Bishop was charged with a third offense of driving under the influence (DUI), a felony. She had twice previously entered into diversion agreements when charged with DUI. A diversion agreement is a contract with the state providing conditions the defendant must fulfill. When entered to avoid criminal prosecution for DUI, a diversion agreement is considered a prior conviction. Bishop had signed the first diversion agreement a year and a half before she became 18. She argued that it was voidable, that she was disaffirming, and therefore the first diversion agreement could not count as a prior conviction. Was she correct?