Legal Question in DUI Law in Washington

Deferred Dui Charge

went deferred on my DUI in 2004 and my 5 year probation is up. My lawyer at the time was arrested and is in prison, so no longer have legal representation. Recieved a notice in the mail telling me that I need to appear in court on July 17th for sentencing. Not sure what I would be sentenced for since I went deferred on the charge. can anyone please help me. Thanks


Asked on 7/08/09, 8:47 pm

1 Answer from Attorneys

Jeffrey Bassett Jeffrey P. Bassett, Attorney

Re: Deferred Dui Charge

The above information isn't sufficient enough to provide an answer. Sentencing would occur if the person either failed to comply with treatment, committed a criminal act during the period of probation, or otherwise violated the terms of the DP agreement. Typically, in any such case, a defendant is first provided a hearing to determine whether the alleged violation is sufficient to revoke the DP. Absent having done any of the above, I could only assume the court in question typically sets a date as here in DP cases for closing them successfully "on record". It's possible someone in the clerk's office miskeyed this as "sentencing" when setting the same.

If you are unable to secure counsel prior to 07/17 and this IS a sentencing via a revocation of DP, you should be able to appear then and, if necessary, seek a continuance on grounds that you had not been provided any information as to the basis of the hearing and need counsel to protect your rights.

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Answered on 7/09/09, 11:31 am


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