I am trying to have n alleged 1988 Virginia Beach City ordinance 1st DUI removed from my Fla Driving Record. I claim I was never convicted in Virginia , a Fla prosecutor admitted in open court he could not prove it. Virginia beach Police have no arrest record, the alleged court of conviction has no record of conviction, the State CCRE where all conviction records are maintained has no record, VA DMV police investigative services has no record. However after 4+ years of petitioning Fla DHSMV they have provided an abstract of conviction citing me as being convicted in VA. Fl DHSMV wants a court order indicating I was not convicted on the summons identified to remove the entry, which they have no record of so they can not provide. I know VA has a code stating an " Abstract of conviction is prima faci aevidense of conviction. Any suggestions on how I can proceed to compel the VA Beach General District Court to issue an order indicating I was not the one convicted under the summons at issue. I also have a copy od a TRACER report from VA beach police showing an arrest for a person with the same lastt name,same cop, same day etc,etc, but states no disposition because charge is to old. Help, please.
1 Answer from Attorneys
Your focus would appear to be on the wrong jurisdiction, i.e.,Virginia rather than Florida , the source , apparently, of this reporting error. You cannot expect a Virginia court to issue an order
in reference to a conviction of which it has no record.
The erroneous abstract from the Florida DHSMN would appear to arise from one of that state's faulty databases and must therefore be corrected down in Florida rather than in the Commonwealth. (And, even if it's a misidentification error, i.e., the wrong person referenced in the abstract, that too must be dealt with in Florida rather than in Virginia.)
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