King County Superior Court Agrees DUI Defendants Can Receive Deferred Sentence After DUI Conviction.

Posted by Andrea Robertson on Jul 05, 2013 | 0 Comments

A King County Superior Court Judge has ruled on appeal that district court judges have the authority to give persons convicted of DUI a deferred sentence. The King County Prosecutor's Office had appealed the trial court's sentence after our client received a deferred sentence following a DUI trial. The Superior Court Judge agreed with our argument that the DUI sentencing law is confusing where it addresses a trial judge's discretion to impose a deferred sentence. In this situation a Court must interpret the law in a manner that favors the criminal defendant. In this case, the Superior Court Judge interpreted the law as providing trial judges the authority to enter a deferred sentence.

A deferred sentence is a rare type of sentence to receive on a DUI case. Once all conditions of sentence have been completed, the defendant can ask the judge to withdraw the guilty finding and dismiss the DUI charge completely. While this does not act as a “vacation” of the conviction, it is an amazing outcome to have our client's conviction dismissed after a lengthy trial process.

About the Author

Andrea Robertson

Andy is a passionate, creative and effective criminal defense lawyer who is willing to fight on your behalf. She has honed her skills since 1998, and has developed a proven track record of creative, vigorous, and effective advocacy for clients throughout the State of Washington. Her practice includes all criminal charges. This includes felonies, misdemeanors, and driving-related charges such as DUI or vehicular assault/homicide.

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Andy Robertson has a proven track record of creative and effective advocacy for clients facing criminal charges throughout the state of Washington. Ryan Robertson's practice focuses exclusively on high-quality creative appellate representation in criminal and administrative matters, as well as expungements, vacation of records, and petitions to seal.