Vacating a Misdemeanor Negligent Driving Case in Washington
Vacating or expunging a negligent driving case in Washington can get tricky. The district attorneys often oppose these cases. Here are notes from an attorney who successfully argues for his client to have his misdemeanor for negligent driving (pled down from Driving Under The Influence) vacated (expunged):
Notes for hearing on motion to vacate (RCW. 9.96.060) a negligent driving (RCW 46.61.5249) conviction (misdemeanor) in Washington from eight years ago. The district attorney is opposing the motion to vacate on grounds that the petitioner is not eligible and must meet a 10-year waiting period.
NOTES FOR LEGAL ARGUMENTS THAT AFFECT ELIGIBLITY
The prosecution’s argument that Petitioner ineligible under 2 (c) requires two elements to be met, neither are met in this case.
First, the offense has to be a priorable under 46.61.5055. Petitioner’s offense is only a priorable under that section for 7 years. So, currently, it is not priorable. If I understand the prosecution’s argument, it is that section 61.502 can make it priorable if Petitioner has 3 more alcohol related offenses within the next 2 years, that is condition-precedent that has not occurred and therefore this single offense is not a priorable. Even if Petitioner were to get 3 related offenses in two years, the court granting this order would not affect the prosecution’s ability to use this offense as a prior.
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