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Charged under wrong RCW?

#1
What is the name of your state (only U.S. law)? WA

I entered a guilty plea to a DUI 3/17/2017. I was instructed by my attorney that I was pleading to a misdemeanor DUI/First offense. I checked the status of my driver's license, which is suspended, and the charge listed with the DOL is DUI/Second offense and refusal of BAC I did have a prior offense 18 years ago, but in WA State the look back period is 7 years. I checked my JS and I cannot find a RCW for the DUI. I found RCWs for the CDL revocation, license suspension and II requirement and sentencing structure, but nothing for the actual DUI. If the courts sentenced me under the wrong RCW, do I have appeal rights?
 


Zigner

Senior Member
#2
What is the name of your state (only U.S. law)? WA

I entered a guilty plea to a DUI 3/17/2017. I was instructed by my attorney that I was pleading to a misdemeanor DUI/First offense. I checked the status of my driver's license, which is suspended, and the charge listed with the DOL is DUI/Second offense and refusal of BAC I did have a prior offense 18 years ago, but in WA State the look back period is 7 years. I checked my JS and I cannot find a RCW for the DUI. I found RCWs for the CDL revocation, license suspension and II requirement and sentencing structure, but nothing for the actual DUI. If the courts sentenced me under the wrong RCW, do I have appeal rights?
Great question for your attorney...
 

FlyingRon

Senior Member
#3
The DMV is not determining here. Your lawyer should look at the actual court records. You better get cracking, your time to protest such an error (if there was one) is rapidly expiring (only one year).