i was just convicted of my second d.u.i ,i got the sentencing of it being within 5 yrs ,but know i look at the dates of my 1st and 2nd arrest od the d.u.i,s and its 5 yrs and 1 month apart. is there a course of action i cant take.
Asked on 2/18/11, 10:18 am
1 Answer from Attorneys
christian denmon
Denmon & Denmon Trial Lawyers
unfortunately Florida considers your current DUI a, "second within five years" of a prior if the date of your newest arrest is within five years of the your conviction on your first DUI. Yeah, I know it does not make much sense, but it is how the appellate courts have addressed your issue.
Otherwise, your attorney would have been wise to continue your court date for 48 hours before you reached a resolution.
Regards
A Tampa DUI Attorney
Answered on 2/18/11, 10:31 am
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