IF YOU HAVE A DEFERRED PROSECUTION AND GET PULLED OVER BUT NOT CITED FOR DRIVING WITH OUT AN INTERLOCK, CAN THE COURT REVOKE THE DEFERRED PROSECUTION?

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IF YOU HAVE A DEFERRED PROSECUTION AND GET PULLED OVER BUT NOT CITED FOR DRIVING WITH OUT AN INTERLOCK, CAN THE COURT REVOKE THE DEFERRED PROSECUTION?

LICENSE NOT VALID AND NO INTERLOCK; PULLED OVER FOR COVER OVER REAR LICENSE PLATE; NOT CITED BUT TOLD HE WOULD REPORT TO COURTS.

Asked on February 22, 2011 under Criminal Law, Washington

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Ok, you are writing in all caps here so you must be a bit on edge.  Calm down and let's take it step by step.  Deferred prosecutions are a contract in Washington State.  You are required, under the contract, to do 5 things and then your case is dismissed as if it never existed, i.e., without a criminal record. Alcohol evaluation (and classes for two years); probation for 5 years (active or inactive), good behaviour for 5 years (meaning no new criminal law violations and not necessarily a ticket, but anything places you at risk for jail time), go to Victims Impact Panel and ignition interlock on any car you drive.  If there is an allegation that you have breached one (or more) of the five requirements, the Court will schedule a hearing to determine what action to take.  Since this was not a new DUI you are in better shape in a bad situation.  Once the hearing is held and if you are found guilty of violating the contract then it is revoked and you will probably be sentenced n the original charge immediately.  Seek help from an attorney asap.


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