Legal Question in DUI Law in Washington

DUI deferred Prosicution Bi-Polar

Our 23 yo son was diagnosed and medicated for Bi-Polar disorder just prior to his DUI. He received deferred prosecution for the DUI 3 years ago. He missed a few meetings for treatment and is being ordered to start it over. Does he have any recourse with the court due to his illness/disability?


Asked on 5/30/08, 12:18 pm

1 Answer from Attorneys

Jahnis Abelite ABELITE LAW OFFICES, P.S.

Re: DUI deferred Prosicution Bi-Polar

It depends. You will have to document the situation with his mental illness very completely and accurately and go to the treating facility manager or director and have him or her consult with your son's mental health provider. Perhaps your son is in need of a dual diagnosis course of treatment. If that is the case, he may indeed have to start over or go back in the course of his treatment. The important thing to note is that you must take action immediately to rectify this situation to avoid your son's DP from being revoked, which will result in him being found guilty and sentenced to a jail term with a psycological problem and no way to get treatment while he is in jail. Act quickly and consult with an attorney ASAP to preserve your son's rights under the DP and his treatment program. I've been involved with a number of these types of cases and you need to have thi ssituation handled correctly and competently or things can go awry very quickly. Good Luck!

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Answered on 6/02/08, 9:08 pm


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