I completed the treatment and did the 2 year probation and treatment. However, I had a non-driving related alcohol offence within the 5 years. An assaut 4th degree to be exact. I now the judge checks my driving record every 6 months, but in the (DP) law outline it says nothing about other criminal matters, only "Similar offence". Will this be grounds to have it revoked? as per the RCW of the law? (RCW 10.05)
You need to contact an attorney in your area to discuss your case. I am a criminal lawyer in Jacksonville, Florida and here, if you get arrested while in a diversion program, the prosecutor can yank you out of the program and prosecute you on the charge.
This answer is for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.
Whether any arrest can result in a revocation depends to a great extent on the specific conditions of the program, the record of the individual and the policy of the judge handling the issue. Consult with a lawyer who frequently represents clients in front of this court to get an opinion of the likely outcome. Good luck.
DISCLAIMER I do not practice law in your State. This answer is provided for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.
Any conviction for a criminal offense, alcohol related or otherwise, within the five year period of deferral puts your deferred prosecution at risk. If the order on deferred prosecution signed by the judge in your case does not include such prohibitory language, you certainly could argue that you haven't violated the terms of the order. But having said that, every deferred prosecution I have seen in the last sixteen years makes any criminal conviction or consumption of alcohol a cause for discretionary revocation.
You need to speak with a qualified DUI attorney immediately. What you do from this point forward can mean the difference between revocation and completion of your deferred.
I practice in Bothell, WA, and I can tell you that a condition of any deferred granted in Washington is that the defendant commit no new criminal law violations during the 5-year period of the deferred.
That being said, revocation of the deferred on the basis of a non- alcohol related offense is discretionary. I believe Judge Rusden in Bothell would be reluctant to revoke. However, once the new violation is discovered, a review hearing will be set and I strongly advise you to retain an attorney to assist you in persuading Judge Rusden not to revoke.
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