Legal Question in DUI Law in Washington

Wrong RCW on DUI arrest

Would citing the wrong RCW on a DUI arrest be grounds for dismissal?


Asked on 2/26/04, 10:47 pm

2 Answers from Attorneys
Jeffrey A. Lustick, Esq The Lustick Law Firm

Re: Wrong RCW on DUI arrest

Maybe, but if the charge was dismissed for citing the wrong RCW section, it would be dismissed without prejudice. This means that the prosecution could re-file the case under the correct section. Also, the prosecution could simply amend the charge to state the correct section at any time prior to trial.

Read more
Answered on 2/26/04, 11:46 pm
Jahnis Abelite ABELITE LAW OFFICES, P.S.

Re: Wrong RCW on DUI arrest

Attorney Lustick is correct. Dismissal without prejudice or amendment of the charge would only serve to prolomg the case but it would not go away.

Read more
Answered on 3/03/04, 1:24 am


Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in Washington