Legal Question in DUI Law in Florida

2nd offense Please help

2/20/07 I was arrested for

DUI. illegally parked in a lot, passed

out w/keys in ignition. Cops unable

to wake me up they used amonia

inhalant. I was on depression and

bipolar medication

So I had a PD, they charged me with

a 1st offense, I told the PD I had a

prior in MD, she told the DA and they

reset the court date so the DA could

do their research. back to court

2weeks later, and the DA brought

the same thing to the table, no

priors, first offense.

At that time the PD said they

obviously didn't do their job or they

have nothing showing you have a

prior. So I plead guilty to 1st offense

dui, under the assumption there was

no connections between the states

so I swore to no priors. Dumb, I

know, I was under the

impression that it meant no priors in

FL, not the nation.

Last wk I get a notice to appear for

the states motion to vacate my

sentence, reset me as a 2nd off, and

consider criminal proceed for fraud.

Can they do that, bring back a case

like that, when they didn't do their

research in the first place? Not

blaming anyone, but should they

take some respon..for it. The DHSMV

records showed no priors either

What am I facing and is there

anyway around


Asked on 6/14/07, 4:16 am

1 Answer from Attorneys
Scott Rosso Albareda, Rosso, Maluje & Nies, P.A.

Re: 2nd offense Please help

That's an interesting issue. I would have to review the actual transcript of the court proceedings of the day of sentencing and perhaps the hearing prior. I'm specifically interested in the inquiry by the State or the Judge as far as the oath to priors. What actually was said?! It sounds like you could be facing a perjury charge which is a 3rd degree felony punishable up to 5 years in prison (that is the MAX. I'm not saying that you would get the Max. sentence for that charge). Please contact me further to discuss. I'm also curious of what your previous attorney stated to the Court. Feel free to set up a free consultation with my office. You can contact me via e-mail at [email protected]. Good Luck!

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Answered on 6/14/07, 9:55 am


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