Legal Question in DUI Law in Florida

re: job application question

I got a DUI in 2004 and plead no contest and did community service and 2 day class. I'm applying for a job in NY and the application says have you ever been convicted of an offense against the law? Am I considered convicted if I plead no-contest? Thank you


Asked on 10/09/06, 10:27 am

2 Answers from Attorneys

Richard Hornsby Richard E. Hornsby, P.A.

Re: re: job application question

In Florida, the judge can not withhold adjudication, therefore, even though you plead no contest, you were nonetheless adjudicated guilty (convicted) of DUI. Therefore you must answer yes to the question.

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Answered on 10/09/06, 11:12 am
Thomas Rosenblum Rosenblum Law Offices

Re: re: job application question

Florida law reuires anyone who pleads guilty to DUI to be convicted of that crime. You can check with the clerk of court for that county or the official records of that county to see if there is a judgment. If it was actually a DUI, it will state the court ADJUDICATED YOU GUILTY of that charge.

I state "if" because sometimes we negotiate with the State to allow my client to plead to reckless driving, and be sentenced to most of the requirements of a DUI.

Except in the case of a DUI, the court may withhold adjudication of guilt in a case. That would not be a conviction. We can get a "withhold" when our client has no prior record or when the State has such a problem proving its case, it will take any plea short of dropping the charge. Thus, if this was a reckless driving, there may have been a withhold. If it was a DUI, there would have been an adjudication of guilt, thus it is a conviction.

'Hope this helps, Tom Rosenblum, Jacksonville, Fls.

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Answered on 10/09/06, 3:03 pm


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