Legal Question in Criminal Law in Florida

Any Advice on how to proceed here. Florida permanent DL revecocation by Florida DHSMV claiming a fourth DUI conviction I have been convicted of *FS 316.193 (3) DUBAL not DUI 1981, FS 316.193 (1) DUI 1995, FS 316.193 Serious Injury 2007. FL DHSMV claims a 1988 Virginia DUI conviction I have researched through all VA goverment agncies from the alleged arresting police dept, VA DMV including their Police Investigative Unit, The court were I was allegedly convicted and the state crimminal records repository ALL have 0 records . A FL Assistant State Attotney also conceited in open court after my objecton that that he could not prove the VA DUI he claimed in an attempt to agrevate my sentence for the 2007 conviction . Any advice on how I challenge DHSMV to remove this erroneous 4th


Asked on 7/24/09, 10:56 pm

1 Answer from Attorneys
Don Waggoner Don Waggoner Law, P.A.

You will need to retain a lawyer to resolve this issue. You are going to have to file a suit or a writ against the DMV and force them to give grounds why your license should be permanently revoked. They will then have to show the Virginia record of the DUI. Now, if such a DUI occurred, and just can't be found by outsiders because VA destroyed its records, but FL has a record of such a transmittal, you may be screwed.

Read more
Answered on 7/27/09, 8:05 am


Related Questions & Answers

More Criminal Law questions and answers in Florida