Legal Question in Criminal Law in Florida

Licensed in FL, with 2 DUI's in MS

I have my drivers license in FL but recieved a DUI 1st in MS in early 2004. After completing all the requirements and suspensions in got my license fully reinstated. In Jan. of 2007 I was convicted of another DUI 1st in MS. Some how the prosecutor and court had no record of my first in 04'. Before I went to trial for the second offense my attorney advised me to get my MS drivers license, but my landlord was out of town and I could not obtain a copy of my lease to prove my residency. My attorney never explained how important this would be and went ahead and proceeded with my FL license. I now realize if I would have done this I would have only been punished according to Mississippi DUI 1st offense laws. Instead I am now being punished according to FL DUI 2 offenses with in 5 years penalties. With this being said it just seems like there has to be some sort of loop hole in this mess somewhere that I can get out of the FL 5 year license revockation. Any help would be much appreciated.


Asked on 10/29/07, 6:25 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Licensed in FL, with 2 DUI's in MS

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

There is no loophole. You will have to hire an attorney to deal with this problem for you. It is a very serious offense. You may be able to get a work permit to allow you to drive to work but other than that, you are prohibited from driving.

Scott R. Jay, Esq.

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Answered on 10/30/07, 12:09 am


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