The legal system affords DUI defendants an opportunity to resolve cases that might be a little tricky for the prosecution and still gives the defendant enough rope to hang himself if they fail to comply with the conditions imposed by the court – all the while avoiding a DUI conviction. This wonderful little tool is called the “pre-trial diversion agreement” (also known as “stipulated order of continuance,” “slow neg. 1,” and many other variances). The idea is that the defendant enters into an agreement with the City/State and if in compliance with the conditions imposed (ie. fines, alcohol evaluation (and treatment/classes), DUI victim’s panel, and lawful behavior) then the case is amended from the original charge of DUI to a lesser offense like Negligent Driving First Degree. These agreements permit the defendant to benefit from doing what they are supposed to by the reduction yet give the prosecuting attorney the right to revoke the agreement and turn it into an “automatic” DUI if the defendant doesn’t follow through the with agreement. Unfortunately the Washington Supreme Court had concerns about this practical and valuable tool and as such many courts do not permit the agreement – not very clever!. An example is that none of the Snohomish County District Courts permit this great tool because of concerns with courts above the district courts – rulings from Judges who do not understand the practical value of these agreements. However, there are still courts who periodically allow these agreements for DUI cases and they include: Edmonds Municipal Court, Lynnwood Municipal Court, Everett Municipal Court, Oak Harbor District Court (Island County), and occasionally in Skagit County District Court. There are more examples, but these courts still have the foresight to allow these agreements. Good thinking!
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island 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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