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Your criminal conduct must be caused by alcoholism, drug addiction, or mental problems; you must need treatment; and there must be a great probability that the criminal conduct will be repeated if you don't receive treatment.
You must get an evaluation that shows that: (1) you do suffer from one of the above problems; (2) the problem is such that if not treated there's a great probability that similar misconduct will occur in the future, (3) extensive and long term treatment is required; (4) effective treatment for your problem is available; and (5) you are amenable to treatment.
You must sincerely believe you are innocent.
You must not sincerely believe that you do not, in fact, suffer from alcoholism, drug addiction, or mental problems.
You must commit to a two-year treatment program.
You must not have been on deferred prosecution before.
You must give up: your right to testify; your right to a speedy trial; your right to call witnesses to testify; your right to present evidence in your defense; and your right to a jury trial.
You must agree that, if you are removed from deferred prosecution, your trial will consist of the judge reading the police report and your statements in the deferred prosecution petition.
If you want to request deferred prosecution, you should tell the judge when your case is called. You'll be required to come back with a written evaluation. If that qualifies you for deferred prosecution, the court will schedule a final hearing to place you on the program. You must complete at least one month of treatment before being placed.
You are responsible to make the financial arrangements for your treatment. Public funding for treatment is available in certain cases. You'll be on probation through the Cowlitz County Probation Department, and you'll be required to pay monthly probation fees. Once you complete your two-year treatment program, you'll remain on probation for another three years before the charge can be dismissed.
If you are charged with DUI or Physical Control, the Department of Licensing may notify you that it intends to suspend your driver's license because your BAC result was .08 or higher. If you petition for deferred prosecution, the court may direct the Department to put the suspension of your license on hold for up to 90 days. If the court then grants your petition, the suspension of your license will remain on hold while you're on deferred prosecution. However, if you refused the BAC test, petitioning for deferred prosecution will have no effect on any suspension of your license by the Department of Licensing.
This isn't a complete explanation of deferred prosecution. You should seek the advice of a lawyer. If you can't afford a lawyer, you should ask the judge to appoint one for you.
First, your driver's license or privilege is suspended in the third degree.
Second, you don't want to contest the pending DWLS charge.
Third, you want help to get your driver's license.
For most people, the first step will be to fill out a "Reinstatement Plan." This will list all the things you need to do to get your license, such as:
*Getting alcohol treatment
*Getting clearance from another state
*Getting SR-22 insurance
*Settling an uninsured accident
*Passing the written and driving tests
*The "Reinstatement Plan" also needs to show how and when you will complete the steps to get your license.
After you prepare your reinstatement plan it must be approved by the judge. Then you and the judge will talk about how much time you'll need to do all of those things. The judge will then set a time for you to come back and show your license, or at least report on your progress.
The amount of time you are given to get your license will depend on the circumstances of your case. The judges do want to see you get your license. They expect you to work hard at it, and will give you a reasonable amount of time to do so.
If your local fines have been assigned to a collection agency this program can help. If you owe more that $500 to one of this court's collection agencies, the judge can allow you to sign a new collections agreement that's only available for people in the DWLS Reinstatement Program. This new agreement includes the following important provisions:
You make monthly payments on the original amount of the fines
The collection agency fee is reduced to 20%
All interest on your fines is cancelled if you make your payments
Once you sign the agreement, the Court will release the hold on your license for those fines. You'll be able to get your license right away, so long as you don't have anything else holding you up.
If you would like to work off your fines instead of making payments that is a possibility. The judge can allow you to sign a collections agreement where you pay a reduced collection agency fee of 20%, and then work off the fines themselves on community service or the work crew.
If you owe fines in other courts you have to make payment arrangements with the other courts.
If you violate the requirements of this program you will be removed from the program. The judge will review the police report and your driving record, and decide whether you're guilty of the DWLS charge. If you're found guilty, the judge will sentence you.
If you are removed from the program you do not have the right to be on it again. It's a one-time-only opportunity for people who want to obey the rules, get their license, and be responsible.
When you get your license the pending DWLS charge will be amended to a traffic infraction of No Valid Operators License 2°, with a $200 fine.
If you want to discuss your case with an attorney before deciding whether to apply for the DWLS Reinstatement Program, you can certainly do that. The court will appoint one for you if your are indigent. You must tell the court by the time of your pre-trial hearing whether you want to apply for the program.
If you wish to sign up for this program the judge will have you sign the petition and the rules of the program. Then the judge signs an order officially placing you on the program.
If you do not have a pending DWLS charge you can still participate in this program. If you have local fines that have been turned over to collections, you can ask the court to be in the program to help you pay those fines and get reinstated.