Legal Question in DUI Law in Washington

I had a DUI in WA state, about almost 3 years ago, and did a defferment for it. Now, my defferement isn't complete until I fully pay the court fee, which I've been making payments too. I'm trying to complete this WA State license application for a pharmacy tech, and got stuck on this question. "have you ever been convicted, entered a plea of guilty, no contest, or a similar plea, or had prosecution or a sentence deffrred or suspended as an adult or juvenile in any stat or jurisdiction?" do i answer yes? or no? and "are you now suject to criminal prosecution or pending harges of a crime in any state or jurisdiction?" what do ianswer? im confused. help...

Asked on 10/01/09, 2:26 pm

2 Answers from Attorneys

Jeffrey Bassett Jeffrey P. Bassett, Attorney

Well, it seems obvious that you must answer yes, with respect to a deferred prosecution for DUI. While it's technically a pending criminal prosecution, I think that's sufficient for an answer.

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Answered on 10/06/09, 2:48 pm
Paul Ferris Law Office of Paul T. Ferris

You're looking for a loophole. However, there is none. The answer is in your question.

If you are in a formal Deferred Prosecution program, the obvious answer is yes. There may be an exception if you entered an alternative continuance, e.g., "stipulated order of continuance" or "stay of proceedings".

Regardless of the type of deferment, the answer is also "yes" to the question of pending charges; until a final disposition (conviction, bail forfeiture or dismissal), your case is pending.

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Answered on 10/06/09, 2:49 pm

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