I was arrested for a dui in WA state 7/5/03. My lawyer suggested getting a deferred prosecution since I had refused the breath test. I completed my 2 yr program and with the court's permission moved to CA to go to grad school. I got another dui 6/9/08 here in CA. the CA dmv and court did not realize it was a 2nd offense and I am almost done with my 3 mos treatment class in CA... however I just received a notice in the mail that I am due back in court in WA state for my dui. I have had a CA license the whole time. Any advice or input as to what might happen to me now.?
Criminal Defense Attorney
Why are you due back in WA if you completed your court ordered program in 05? It's possible neither state knows what the other is doing. I wouldn't rock the boat in CA unless that's the reason you are wanted back in WA which makes little sense.
Criminal Defense Attorney
Generally the probation period for the deferred prosecution of a DUI in Washington is 5 years. If you violate the terms of the probation, the court may enter judgment. See below for procedures per statute:
Conviction of similar offense.
If a petitioner is subsequently convicted of a similar offense that was committed while the petitioner was in a deferred prosecution program, upon notice the court shall remove the petitioner's docket from the deferred prosecution file and the court shall enter judgment pursuant to RCW 10.05.020.
Procedure upon breach of treatment plan.
If a petitioner, who has been accepted for a deferred prosecution, fails or neglects to carry out and fulfill any term or condition of the petitioner's treatment plan or any term or condition imposed in connection with the installation of an interlock or other device under RCW 46.20.720, the facility, center, institution, or agency administering the treatment or the entity administering the use of the device, shall immediately report such breach to the court, the prosecutor, and the petitioner or petitioner's attorney of record, together with its recommendation. The court upon receiving such a report shall hold a hearing to determine whether the petitioner should be removed from the deferred prosecution program. At the hearing, evidence shall be taken of the petitioner's alleged failure to comply with the treatment plan or device installation and the petitioner shall have the right to present evidence on his or her own behalf. The court shall either order that the petitioner continue on the treatment plan or be removed from deferred prosecution. If removed from deferred prosecution, the court shall enter judgment pursuant to RCW 10.05.020 and, if the charge for which the deferred prosecution was granted was a misdemeanor or gross misdemeanor under Title 46 RCW, shall notify the department of licensing of the removal and entry of judgment.
Maybe the Washington Court is unaware of the California DUI, but I wouldn't count on it. It sounds like that is the exact reason you are being brought to court. Get a Lawyer that practices in the court and let them know the situation you are in. Good Luck
David C. Beyersdorf
DUI / DWI Attorney
If you are saying you have a Washington probation violation for the new DUI - I understand - I would next contact WA DUI lawyers or specifically, your last lawyer in WA. Talk to that lawyer about what is up. As for the new one here, don't tell California anything yet - wait until they find out about things. Right now, you have avoided the extra CA punishment for 2nd offense unless this case is still open.
Do you have a lawyer on the CA case?
DUI / DWI Attorney
When you speak to a WA lawyer, ask him/her if delaying conviction in CA may help you. If so, you may need to go back to the CA court and withdraw your guilty plea and drag the case out a little while until the 5 year term from the WA case is over. That risks getting a worse deal in CA, so doing it right is important. Also, you may have problems with your license here in CA if the WA case results in notification to the CA DMV. WA obviously knows about the CA case and so that is a concern as well. make sure your WA lawyer knows that you would like to resolve it in a way that does not result in WA notifying CA if possible.
Sexual Harassment Attorney
The Ca DMV suspends you license for a full year if they believe you have a prior dui. Their interpretation is not something that you can bank on at all. So you need an attorney. I do not know if WA honors the suspensions that California issues.
My standard disclaimer: I am not offering legal advice, assume I do not know the law in your state and that I am just making suggestions for starting points for when you do speak with an attorney. Do NOT rely on anything I write and contact a lawyer in your area immediately after reading my posting.