Legal Question in Criminal Law in Washington

traffic violation

getting pulled over with out just cause which in turn gets you a driving on suspended and a PSP felony charge, if the driving on susp. gets dropped will that automatically drop the PSP charge?


Asked on 5/19/07, 5:44 am

1 Answer from Attorneys

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

Re: traffic violation

Good question. It makes sense that if you establish the unlawful stop in one court (to get the driving suspended dropped) you shouldn't have to go through the whole process again in another court. There is a legal principle that supports this, collateral estoppel, which prevents the same parties from relitigating the same issues. You will need to talk with your attorney on the PSP case to see if it applies there. It might be that the DWLS (driving suspended) is in a city court and the PSP is a State court so not the same parties. But, it is definitely worth exploring. If you have other questions feel free to contact me directly.

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Answered on 5/19/07, 12:41 pm


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