I plead guilty 3.5 years ago to DUI in Snohomish County and was placed on five years of unsupervised probation. I was living in Texas at the time (and presently), so they allowed me to take care of the alcohol treatment in Texas, which I did. I am now being charged with DWI in Texas, and I am uncertain if I should report this. Eventually, I'm sure I will have to face the music, but I am currently in the baby-steps of this case (lawyer says it can go as far as 6 months) and I still live, work, and study in Texas. What is likely, and what should I do? It doesn't seem likely to me that any kind of punishment would be too severe, as this was a class C misdemeanor from almost four years ago and I didn't/don't live in the State of WA... ideas?
DUI / DWI Attorney
Well, I assume your probation conditions require you to report any new offenses. So obviously, the proper legal answer is to report the case. They will almost certainly run your record before they discharge you from probation and see the offense at that time if not sooner. Even if you've beaten the case at that point, it was still a violation not to report picking it up. I suppose there is some possibility you get acquitted at trial on the new offense and immediately expunge it (which removes it completely from your record) and all of this happens before Snohomish knows anything, but that's quite a long-shot scenario.
It's hard for us Texas attorneys to predict how Snohomish is going to react. I would consult a DWI attorney up there for their input on local practices and proclivities. It's especially hard for us to translate when you say you got 5 years on a Class C. Here, a Class C is a ticket with a maximum probation period of 6 months! And you can't get 5 years probation for anything in Texas that's not a felony, which is obviously very serious. Consult a Snohomish attorney before you decide whether to roll the dice.
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Ah ah, at last I figured it out. Snohomish sounded vaguely familiar (I'm in PA) and didn't sound like one of Texas' 5000 counties--Washington state is where you have the case with unsupervised probation. When you refer to "lawyer" I assume that you are referring to your legal representative on this case in TX. If that is correct, your questions. all of them, should be directed to that lawyer. Going online to research your situation, while understandable, creates a high risk of impairing the lawyer/client relationship that exists now. If you had F. Lee Bailey you could find thing s on the Internet that would cause you to doubt his competence. I strongly recommend that you refrain from that activity, it will not help your situation and poses a real danger of hurting your situation. Good luck.