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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117370
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Deferred prosecution that happened in July of 1998. in the

Customer Question

Deferred prosecution that happened in July of 1998. in the state of WA has come back to haunt me while applying for a CDL in CA. Tthere are a number of things that's required of me to lift suspension. After 17 years I am being asked to show proof of alcohol counseling for a place that closed down, SR22, and the most damaging, the IID to be installed in my vehicle. I have since then, after 17 years of good driving record, and military retirement thought to continue to provide for my family by driving a big rig. I have passed all tests to attain the CDL but no candy. WA state says NO CAN DO. Is there a statute of limitations on this matter? Thanks in advance.
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, once there was a court judgment of deferred prosecution, it was up to you to satisfy the terms. WA DMV cannot do anything (as there is no statute of limitations on this type of sentence), you are going to have to go to court in WA with a motion for post conviction relief and ask the court to vacate the sentence based on the time that has passed and that the DMV trying to now enforce the judgment to prove you completed everything is prejudicial because the information is no longer available. In most all of these cases the courts will agree to vacate the sentence and dismiss the case, which would release your license.
Unfortunately, this means that you need an attorney in WA to represent you, but it is worth the price for them to go to court to seek to get the sentence/judgment vacated.