At this point your son needs to immediately seek legal counsel - and he needs to not speak to anyone about these allegations, including his friends or even his close family. He is in serious legal jeopardy and needs to be represented immediately.
Sadly, even if dismissed - under Washington State Law - any prior DUI that was amended to a Reckless Driving like yours - counts as a prior DUI if you get another one in seven years. You'll want to consult with a DUI attorney immediately.
Mr. Leo is correct - it's not a usual occurrence - but it IS possible. However - one thing to consider is whether or not you have any prior criminal history. Assuming you don't - then you're likely safe. If you DO have criminal history - you really need to make sure you have a skilled DUI attorney with you at your arraignment. Feel free to call me for your FREE CONSULTATION at 425-424-4901.
Most often, I advise my clients to get their evaluation soon after reviewing their case. The court can't and won't require it as a condition. If you're charged, you're better off spending your time and resources hiring a skilled and qualified DUI Attorney. Someone who can guide you step by step through the process and tell you when and how to get these things done to minimize the consequences to you.
Remember - DUI carries MANDATORY JAIL and LICENSE consequences. Hire a lawyer immediately....
In our state, Assault in the 4th degree is a gross misdemeanor. That means the maximum penalty is up to one year in the county jail and/or a $5000 fine plus costs and assessments. If the assault is alleged to include domestic violence, you can also lose your right to possess firearms for life.
Assault 4 is a very serious charge and you should contact an attorney immediately. Our office offers a free consultation on every case!
Generally speaking, since the two are handled in different courts, the prosecutor would have to first dismiss the charges from district court and refile it in Superior court, but yes, the short answer is that if the facts warrant it - a prosecutor CAN amend up.
Your first hearing will be your arraignment. You'll be advised of the maximum penalty (364 days in jail and a $5000 fine) and the mandatory minimums (including 1 day in jail and $350 fines, license suspensions, and more). The judge will ask you to enter a plea of guilty or not guilty. You should plead not guilty and have a pretrial date set. You should also consult with a DUI attorney immediately. Feel free to call me for your FREE CONSULTATION at 425-424-9401.