Deferred Prosecution with 2 DWLS 3rd degree
Washington.
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Posted 4 months ago in Criminal Defense.
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Hello,
I am on probation for a deferred prosecution. I was in the process of getting my license reinstated, paperwork was submitted to Olympia and got a DWLS 3rd degree after having my plate run in Thurston County on a Friday. Already had first court date and plead not guilty. Next court date is 8/26. The very next day after the first DWLS 3rd degree I got another picking up a relative from Seatac airport. Have first court date the 8/6 but my license has now been reinstated. I did not qualify for a public defender and am getting crazy quotes for lawyer fees. Is it possible or safe for me to represent myself to try and get a reduced charge of NVOL? I'd like to try and save should something come up for my deferred. I will have to ask relatives for the money. Answers (2)
Jonathan Dichter
2 of 3 users found this helpful.
Posted 4 months ago.
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You should not under any circumstances try to represent yourself.
Driving without a valid license is a valid reason to revoke your deferred prosecution, resulting in a DUI conviction. What you should do is find a qualified attorney - consult with them - and hire them to help you out of this. 
Jeffrey Patrick Bassett
Posted 3 days ago.
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Expounding on Mr. Dichter's advice, it is possible that you could go for your arraignment and approach the prosecutor on each charge and see if a reduction to a NVOL infraction is possible. However, note there is no guarantee that getting each DWLS reduced to a NVOL would prevent the state from trying to revoke your deferred pros agreement. The DP paperwork typically states that traffic infractions are not criminal violations and would not violate the agreement--but the arrests in your case were criminal. While I understand the potential excuse for the first DWLS, there's no excuse for going out the very next day when you KNOW that your license is suspended and getting a second one. The court that granted the DP could entertain a motion to revoke the DP based upon this conduct. True, if you can get both charges reduced to infractions, it's less likely that the state would take that route.
While an attorney's best hope would also be getting the charges reduced, he or she might be able to convince the prosecutor dealing with the DP ahead of time NOT to file for revocation or, if it has already been done, to recommend against revocation.
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