People charged with DUI offenses are often tried shortly after their arrests. In some instances, however, a person may be able to defer his or her prosecution to take part in a treatment or rehabilitation program. People who successfully complete such programs are often able to have their DUI charges dismissed, but they must comply with the conditions imposed by the law, and if they do not, their deferred prosecution may be revoked. The revocation of deferred prosecution was the topic of a recent Washington opinion. If you are accused of committing a DUI offense, it is smart to speak to a Washington criminal defense lawyer to evaluate your possible options.
The Defendant’s Charges
Reportedly, the defendant was charged with DUI and reckless driving in May 2012. He petitioned the court for deferred prosecution in October 2013. The court granted his petition and entered an order approving a two-year treatment plan and deferring the prosecution of the matter for five years. The order also dictated that the defendant had to totally abstain from the use of alcohol or illicit drugs for the duration of the deferred prosecution and abide by the law.
Allegedly, in January 2018, the State moved to revoke the defendant’s deferred prosecution on the grounds that he was charged with hit and run, reckless endangerment, and DUI. The trial court entered an order granting the petition, but the defendant appealed, and the trial court’s ruling was ultimately reversed. The State then petitioned the court of appeals for discretionary review. Continue reading