On 1/2/09 I received a DUI, which was later dropped to Neg. 1.
After that point thinking I had been charged with Neg. 1 I did my homework online and read i would not receive a suspended license. So I drove and was pulled over and charged with DWLS 2. Not knowing my license could still be suspended whether or not i was charged with a DUI.
I went to court and stupidly plead guilty to the DWLS 2 and received $500 fine. Now i have to go back to court for probation violation.
What will happen to me? the judge said i could get 89 days in jail. But this all would've never happened if i received paperwork in the mail the first time that my license was in fact going to be suspended because of the original DUI.
********* In my question I got it wrong, I would like to know penalties for a Negligent 1 probation violation. That was my original charge and because I originally pleaded guilty to the DWSL 2, that broke my Neg. 1 probation. And what are the possibilities of getting a full 89 days in jail. Compared to doing Community Service or the home lockdown??? ************
Criminal Defense Attorney
What will happen depends on what the terms of your probation are. The judge was right in that you could potentially be sentenced to the remainder of the jail time on your original charge. If you spent one day in jail, then there will be 89 suspended days hanging over your head. You need to talk to a lawyer who practices in Kennewick and is familiar with the usual way judges handle these types of cases.
You are probably on probation for 24 months from the date you entered the Neg 1 plea. (If that is what you did--if it was not a "straight plea" it might be a "stip and continue" or a "slow neg" or a "pretrial diversion" and if so, you are in a much more serious situation). If it was a straight plea, you can get up to the maximum, which is 90 days. Apparently, you must have already served a day, leaving a balance of 89. I think you have already learned an important lesson about pleading guilty--and i am assuming you had no lawyer representing you when you did. Almost any lawyer should have been able to get the DWLS 2 reduced to something that would not entail an additional revocation. The DWLS 2 conviction will result in another year revocation added on to whatever suspension you were on when you were pulled over. It may be possible to get this undone, or to convince the court to go easy on the probation violation. This depends largely on the talent and ability of the lawyer you hire. You are correct that the Neg 1 conviction would not result in your license being suspended--but you were probably suspended administratively by the DOL when they received the officer's report. The officer should have given you, upon your release on the DUI arrest, a form to request a hearing to contest the DOL suspension. If you had legal counsel in your Neg 1 plea, I am surprised you were not warned that your license would be suspended if you had not requested a hearing. The bottom line is, hire a lawyer who is well-versed in these cases and who knows the local players involved very well.
It's important to know that there are no mandatory probation penalties for this kind of violation. However, the other attorneys who have answered are correct - you want to contact a local attorney as soon as possible. The specific judge you will be in front of is likely to have a "typical" scenario for your kind of violation.
The other thing that I would like to add to Linda's response is that if you are relicensed at the time of your sentencing on the DWLS 2 charge your attorney can request to the judge that he/she send an order to the DOL requesting no further suspension of your license for this conviction (the additional year).