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Wednesday, August 25, 2010

Washington State DUIs: Deferred Prosecutions and how to mess them up

If you are on a deferred prosecution you better be serious about complying with treatment and maintaining lawful behavior.  If you do not comply with treatment (ie. you miss a few meetings) you will likely be called back to court to address this issue with the Judge.  If this is the case, get back into treatment prior to court so that the Judge will consider giving you a second chance.  If you fall off the wagon and relapse (start drinking) and the court gets wind of this, be sure you report the relapse to your treatment provider and probation officer (after checking with your attorney first, of course).  With a relapse while on deferred prosecution you can expect the court to call you back for a review to consider whether you should be revoked from the program.  If the court does summons you back based on the above violations the Judge may revoke the deferred prosecution and you will then be sentenced to the DUI and the conditions (ie. jail) deemed appropriate by the Judge.  The key word is “may” so get prepared prior to court so that you have an opportunity to convince the Judge that keeping you on the deferred prosecution is in the best interests of all involved.

If, however, you commit a new DUI while on the deferred prosecution you are in a world of hurt.  This will likely result in an automatic revocation of your DP – so expect a terse response from the Judge and, bring a tooth-brush to court.

For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, Whatcom County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com

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