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
1 Answer from Attorneys
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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