Legal Question in Criminal Law in Florida

I was convicted of DUI .08 or higher with three priors. I was

sentenced to one year in Martin county Jail and two years probation with high

fines and costs. I have completed the year of incarceration and are presently on

probation. I have just gotten the court to agree that there were two priors not

three, is there any legal action I can take for being sentenced with one extra

Dui than I actually had?


Asked on 10/20/09, 7:46 am

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

There may be. Although the year in jail and the probation may not be illegal, other parts of your sentence may me. And I'm not saying the jail sentence was not illegal, just that I cannot tell from your request. You need to file a motion with the court to correct the record. In any case, it seems you were sentenced to a 4th DUI, which requires a permanent DL revocation, and that would be changed if you were on your 3rd.

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Answered on 10/20/09, 10:14 am


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