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

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?

Washington State

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Attorney answers 3

Posted

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 creates an attorney-client relationship between us. If you'd like to speak further about this answer, feel free to call me for your FREE CONSULTATION at 425-424-9401.

Asker

Posted

What is the point of having it deferred, then dismissed then? Have you ever had a case like this?

Jonathan Dichter

Jonathan Dichter

Posted

I can see Mr. White's argument - and while I would certainly TRY to argue it - I've not seen success with it - the statute is clear - you were convicted of Reckless Driving - the fact that your sentence was deferred doesn't seem to exempt you from the statutory scheme. The point of having it deferred is that if you NEVER get another one - your record is clean. Yes - I've handled hundreds of DUI cases, am a member of the National College for DUI Defense, hold certifications in Forensic Sobriety Assessment, and a variety of other specific DUI trainings. DUI is my focus area, and is around 80% of my workload. You can find more about me at www.snocodui.com

Posted

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,

Asker

Posted

I get sentenced on Jan. 24th, I think it is too late. Prosecutor recommending 45 days in jail.

Posted

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.

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