Legal Question in Criminal Law in Washington

Dui

I recieved a DUI in December of 1986. I was booked and released and the trooper gave me a ride home. I never recived a notice in the mail of a court date. But I had also only recently moved to the apartment I was living in and may have mixed up the address. (This I do not know). I also had a suspended license at the time for an unpaid speeding ticket that I have since paid. For the last 21 years I have had a spotless driving record. Although it has been without a license. What I need to know is what I can do to get a valid Washington State Driver's License, without going to jail or going to court. It has been over 20 years , I recently got a job that requires a valid license and I need to go to the license dept and get one. How do I go about it?


Asked on 3/25/07, 1:17 am

2 Answers from Attorneys

James J. White, attorney Law Offices of Smith & White, PLLC

Re: Dui

Go to the DOL. I haven't heard of them serving warrants on the spot (although I'd be suspicious and leave if they unexpectedly ask you to wait for a long time). It is possible, with the case that old, that you do not have any holds on your license. One, you do not know if the matter was ever filed to court. Two, the warrant renewals (every 5 years) may not have occurred and the matter lost. If the DOL says you have a hold for the case there is nothing you can do but deal with the DUI charge in the courts. Then you'll want a lawyer to help insure you don't go to jail. Contact me directly if you'd like further assistance.

At your service,

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Answered on 3/25/07, 12:32 pm
Paul Ferris Law Office of Paul T. Ferris

Re: Dui

You could visit the DOL website and check the status of your driving privilege:

https://fortress.wa.gov/dol/ddl/dsd/Default.asp

In the past twenty years, there have been many successful challenges to the DUI statute and admissibility of evidence, i.e. breath/blood test results. Even if your case was filed, it is highly improbable that the state/city would be able to pursue a successful prosecution. Officers have likely retired, records may be difficult to produce, etc.

If the charge was filed and a warrant is outstanding, or a hold on your driving privilege from an expired warrant remains, you will have to clear the matter with the court.

A few phone calls should let you know whether the case was filed and if the charge is still pending. If so, retain counsel to ensure that your rights are protected.

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Answered on 3/25/07, 3:43 pm


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