Why Can’t The Prosecutor Dismiss My Case?

If Other People Get Away With Stealing, Why Do They Care About My DUI?

We actually hear this question quite a bit. In a state where property crime and theft are rarely prosecuted, it might seem that the state is soft on all crime. Not true.

Why Go After DUI or Physical Control Cases?

While it appears as selective prosecution, we suspect there is a reason for it. One might assume we would say public safety is the primary focus. However, every year, many people are injured when stolen vehicles are taken or robberies occur but there is very little focus on property crime and retail theft.

Our theory is that it has a lot to do with money. While we have no proof of our theory, it is a fairly common belief among those in criminal justice. Statistically, the vast majority of people arrested for DUI charges, unlike property crime/malicious mischief defendants, will be able to pay fines and court costs. Those funds can amount to thousands of dollars or more per case. 

DUI Overview

Money Back To The City And Counties

As an added bonus, when DUI cases are resolved short of a guilty verdict at trial, the majority of the money stays within the city and county (as opposed to the state). Additionally, our state legislators have written the law so that emergency response fines can go directly back to the local law enforcement office. That’s a nice financial bonus for cities and counties. So, to boil it down, some cases are “worth” more than others.

How Is This Fair?

The response from those in law enforcement or prosecution would probably be that you still committed a crime. There is not much sympathy. Additionally, I do not think they would admit there is less of a prosecution focus on certain crimes. However, crime stats and prosecutions tell us otherwise. 

If you have been arrested for DUI or other criminal charge in Kitsap or Thurston counties or the cities in those areas, please reach out to one of our attorneys to see how we can help. 360-792-1000

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