I didn't know my license was suspended until I was pulled over and charged with a DWLS2. I have not been charged with DUI.

I did not know my license was suspended becasue when I appeared in court, no charges were filed- do I have any defense at all? Five months prior, I was pulled over for DUI, refusal to blow, and some other misc. things (I was 17). When I appeared in court, nothing was charged and I was told to go home. I had no idea my license would be suspended with the DOL until I was pulled over for a routine traffic stop. Now, I am 18 and charged with DWLS2, do I have any defense options?
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Answers (3)

Howard Woodley Bailey

Howard Woodley Bailey

Contributor Level 9
I do not practice law in WA, but can answer the question in general terms. From your facts, it appears that there may have been a disposition in regards to the earlier incident, and you are not aware of what impact that disposition wouls have. There may have been collateral consequences to how the charge was disposed of that you did not comprehend, and are now being impacted by. Consult with an experienced defense lawyer admitted to practice law in WA before you go to Court, who can explain the ramifications of the earlier disposition, and advise you on what steps can be taken now to either correct or minimize the impact of that earlier disposition on your curent situtation. Good luck.

Disclaimer: The above answer does not constitute legal advice, attorney advertising, or establish an attorney-client privilege; and, is offered for the limited purpose of educating the requester as to the potential legal issues they need to discuss with a lawyer in their State. I strongly recommend you discuss this situation with an experienced criminal defense lawyer admitted to practice law in your State before you make any decisions as to how to proceed. Do not presume that any legal analysis that may apply in NJ where I practice would apply in your State or under the facts and circumstances of your case, unless an attorney admitted in your State advises you that it applies to you and your case.
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Travis S Jones

Travis S Jones

Contributor Level 5
The best thing to do at this point is get your license back. The DOL can tell you what you need to do in order to reinstate. It sounds like you are serving a 1 year suspension. If that year is nearly over, you can wait it out, get SR-22 insurance and pay the reinstatement fee. If there is still some time before you are eligable to reinstate, you can get an Ignition Interlock License that will allow you to drive during the rest of your suspension. Having your license back is no guarantee that this charge will be reduced, but most prosecutors see that as a plus.
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Thuong-Tri Nguyen

Thuong-Tri Nguyen

Contributor Level 9
From the DUI incident, there are at least two different proceedings. One is criminal and is at the court. The other is administrative and with the Department of Licensing which is suspending your driver's license. The DOL starts the administrative hearing when it gets the notices from the police department that stops you.

If you check over the paperwork you got when you got pull over for the DUI, you likely will find a notice that DOL would start proceedings to suspend your license. If you did not get any notice and your address with DOL was correct, you may have a chance to dispute whether you got proper notice.

Even when a court case is dismissed or not even filed, DOL can still have its hearing.

One problem for you is that you appear to be underage (under 21) and charged with DUI. You may want to review with attorneys who specialize in DUI for underage persons.
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