Legal Question in DUI Law in Florida

dui plea

i have a 3 dui history 20 years ago.now facing 4th/refused all tests. state offered no jail time/$1500 fine and school/6 month probation/and permanent license revocation at arraignment. should i accept? stop was for failure to use turn signal.


Asked on 2/08/07, 7:57 pm

2 Answers from Attorneys

Thomas Rosenblum Rosenblum Law Offices

Re: dui plea

Hello, I just read your question. Since I haven't read the officer's reports nor talked with the State Attorney, it is difficult to render an opinion on whether or not you should plead. I always tell people never plead to a DUI without looking at those reports or a video if there is one.

A couple of factors are relevant here. First, if the case is still in County court, that is good for you. A fourth DUI can be charged as a felony. If this is in Circuit Court, they are charging it as a felony. Do you know if it is a felony or misdemeanor? They may be offering such a favorable disposition because they do not have a good case and it would be a felony conviction.

If it is a misdemeanor, it must not be a good case for the State. As such, you may have a lot of leverage and play poker with the State. By this I mean you may decline to plead unless they reduce the charge to reckless driving...not DUI.

If my office can be of any assistance to you in north Fla., please give us a call. 'Hope this helps. Tom Rosenblum

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Answered on 2/09/07, 9:22 am
Scott Cupp Law Office of Scott H. Cupp, LLC

Re: dui plea

What county?

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Answered on 2/08/07, 8:26 pm


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