By Martin Salazar, World staff writer
Sunday - March 28, 2004
When a former top cop, a county commissioner and a member of the state's highest court found themselves charged with driving drunk, they each reached for the same lifeline.
State Supreme Court Justice Bobbe Bridge, Douglas County Commissioner Dane Keane and former Chelan County chief criminal deputy Mark Mann pursued deferred prosecution. The option allows most driving under the influence defendants to hold onto their driver's licenses and avoid jail. If a defendant adheres to all the conditions imposed, the charge is tossed out after five years and doesn't become part of his or her criminal record.
It's an option available to most people who have a substance abuse or mental problem ? not just prominent individuals with connections and money, and it's not a free pass, according to prosecutors, defendants and an attorney who represents clients charged with DUI. Deferred prosecution has been available to people in this state since at least 1975, said Douglas County Deputy Prosecutor Gordon Edgar.
This is not some elitist program for famous people, said Wenatchee attorney John Brangwin, whose law firm represents DUI defendants.
Those who want deferred prosecution must file a petition with the court admitting their problem, and they have to obtain an evaluation saying treatment is needed. Ultimately, a judge decides whether to grant the petition.
Brangwin said more DUI defendants don't pursue deferred prosecution because they aren't alcoholics and therefore don't qualify. He said judges typically grant deferred prosecutions to most people who apply for one and have an alcohol problem. The exceptions are cases where a defendant has multiple prior offenses or where a defendant is not committed to treatment, Brangwin said.
Martin Salazar can be reached at 664-7155 or by e-mail at salazar@wenworld.com
* EXCERPT RE-PRINTED WITH PERMISSION.
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