Legal Question in DUI Law in Florida

Am I permitted to write a letter to a judge and plea for a reduction in court cost and other fees associated with a first offense DUI charge as I have not worked in 2 years due to illness?


Asked on 3/22/11, 4:20 pm

1 Answer from Attorneys

Hunter Chamberlin Chamberlin Butler & Crowe, P.A.

That is probably not the best way to accomplish what you want to accomplish. First, anything you send must also be sent to the State Attorneys Office (otherwise it is an impermissible ex parte contact). Second, DUI is a somewhat unique charge in that the mandatory minimum penalty is prescribed by law. In other words, there is a punishment which must be imposed, and the Judge cannot give a lesser sentence. That may include some of the costs and fines.

However, if you (or your lawyer) asks the Judge in open court to waive the portion of the fines which are discretionary, the Judge may actually do that. It is worth asking. Your lawyer should be able to prepare a mitigation presentation to pursued the Judge to do so.

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Answered on 3/22/11, 6:19 pm


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