The crash happened at J and 24th streets in midtown in August 2023.
The suspected driver, Kaleb Taubman, was not officially charged with felony assault with a deadly weapon and a hit-and-run until late 2024.
"All this energy and time we have put in to get justice and it's just going down the drain," Martinez said.
"Driving is a privilege, not a right," said Martinez. "You shouldn't be able to just hit people and not have consequences or be held accountable in any way."
"For people who believe that suspects or defendants could be gaming the system, they have to have a diagnosis from a trained, qualified medical professional," said Ward.
A judge must grant them mental health treatment for around one to two years, with court check-ins every few weeks. Only then will they avoid jail and their charges will be dismissed.
Sacramento County District Attorney Thien Ho calls the mental health diversion program "a dangerous loophole in our criminal justice system, turning accountability into a mockery."
Taubman is currently out on bail but is scheduled to be back in court on February 9.
Martinez said she hopes lawmakers will hear her plea to change this law that she feels is blocking justice in her case.
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