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Is there a license available if I am suspended for financial reasons?
Yes. The Occupational Restricted License (ORL) may work for you. For example, you are Suspended in the Third Degree for failure to pay court fines (i.e. traffic tickets in collection) or a outstanding Court Judgment. This license allows you to drive no more than 12 hours a day for school, work, court-ordered treatment, community service etc. See link for application, who’s eligible , who’s not, what’s permitted: ORL Application
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Can I postpone my Washington Department of Licensing Hearing?
Yes. You can continue or postpone the Washington State Department of Licensing (DOL) Administrative Hearing one (1) time – no questions asked. (more than once usually requires an emergency situation.) You will have to fill out an Administrative Hearing reschedule form available on the DOL website. See Link. Reschedule Hearing. You call DOL first to reschedule hearing and then fax the completed form to DOL.
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Can I drink alcohol on a mental health deferred prosecution?
No. One of the conditions of a DUI deferred prosecution whether for mental health or alcoholism is no drinking. This condition is in place for the duration of the five (5) year deferred prosecution probation period.
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In most DUI cases, it is advisable to complete your alcohol/drug evaluation as soon as possible. I have had many cases where the client’s very pro-active behavior helped get a desired resolution. That said, it is equally important to get the right evaluato
In most DUI cases, it is advisable to complete your alcohol/drug evaluation as soon as possible. I have had many cases where the client’s very pro-active behavior helped get a desired resolution. That said, it is equally important to get the right evaluator and/or treatment agencies. The best resource are DUI attorneys who work with treatment agencies everyday. Obviously, the goal is a fair and objective evaluation.
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Will my case automatically close after the probation period?
Not necessarily. You should always check with your DUI attorney or with the Court Clerk to make sure your case is timely closed. I have had many cases just stay open because of administrative inertia . You do not want it appearing you are still on probation months or even years after your case should have been officially closed.
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Can I vacate a DUI or Physical Control?
No. Unlike Reckless Driving, Reckless Endangerment and Negligent Driving reductions you cannot ever vacate a DUI or Physical Control Conviction. Blame the legislature for this prohibition.
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Can I get financial assistance for the ignition interlock device?
Yes. The Washington State Department of Licensing (DOL) provides financial assistance (if eligible) for the Ignition Interlock Device (IID) See link. IID financial assistance . If you are indigent and the DOL has required you to install an IID you can use this form to apply for assistance with the costs of installation, removal, and leasing of the IID. (typical IID costs range between $100-$150 monthly)
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Is a “plea bargain” a good resolution for my DUI case?
Yes, most of the time. (especially these days) However, it ultimately depends on your case and the specific f acts. A plea bargain is where your Washington State DUI attorney, after reviewing all the evidence (police reports, blood/breath test records etc.) and fully investigating your case (interviewing officers/witnesses etc.) comes to an agreement with the State and/or City Prosecutor on amending or reducing your DUI or Physical Control charges. Most often, this happens at the DUI pre-trial hearing, but can happen any time in the proceedings – even right before the jury trial itself.
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What happens if I do not meet the 4-month Ignition Interlock requirement?
Unfortunately, the 4-month period will keep extending itself. You will not get rid of the Ignition Interlock Device (IID) requirement until you have met it. You simply will not be able to obtain a driver’s license without that IID restriction. It’s a crazy policy, but that’s the Legislature and DOL for you. -
Can I get my Deferred Prosecution dismissed early?
No. Notwithstanding, your completing alcohol/drug treatment ahead of schedule. (you started treatment before entering deferred prosecution in Court – not unusual) According to Washington State law the earliest your DUI or Physical Control can be dismissed is 5 years from the date of entering or acceptance of the deferred prosecution by the Court.
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