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A. Except as provided in subsection B of this section, a person charged with a misdemeanor or gross misdemeanor may petition a municipal court judge (“judge”) to be considered for a court-monitored deferral. The petition shall be filed with the court at least seven days before the date set for trial but, upon a written motion and affidavit establishing good cause for the delay and failure to comply with this section, the judge may waive this requirement subject to the defendant’s reimbursement to the court of the witness fees and expenses due for subpoenaed witnesses who have appeared on the date set for trial as well as any other expenses incurred by the court specifically for trial.

B. Eligibility.

1. A person charged with an offense under RCW 46.61.502 or 46.61.504 shall not be eligible for a court-monitored deferral.

2. A person shall not be eligible for a court-monitored deferral without agreement of the city’s prosecuting authority (“prosecutor”). (Ord. 3266-12 § 1, 2012.)