I got a DUI in 2005 and it was reduced to reckless driving......deferred, then dismissed all together. I since got a DUI in

Asked over 1 year ago - Kent, WA

2011. Can the courts use my dismissed case against me? They are trying to sentence me based on "2nd offense in 7 years". Is this legal? Are there any cases to support my case?

Additional information

Washington State

Attorney answers (3)

  1. Jonathan Dichter

    Pro

    Contributor Level 13

    6

    Lawyers agree

    Answered . 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.

    Every case is different, and this is not intended to be anything other than helpful information. This in no way... more
  2. James J White

    Pro

    Contributor Level 16

    5

    Lawyers agree

    Answered . I have successfully argued that the prior does not count. The deferred statute parallels the vacate statute which releases you from all "penalties and liabilities" from the conviction.
    At your service,

  3. Patrick Owen Earl

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . Violation date to violation date. If the first case is within 7 years of the new one and it was a DUI reduced/amended to anything and even a deferred prosecution that was dismissed, it counts. Get an Attorney.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,575 answers this week

2,746 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,575 answers this week

2,746 attorneys answering