By taking such a plea she would expect to do 1-2 years in prison. Well the judge sentenced her to 13 1/2 years in prison. My question is what are her chances of winning a PCR 3.850 due to her lawyers false information as to the outcome??
Your information does not appear accurate. A first offense DUI with injuries carries a maximum sentence of one year in jail. If the injuries were "serious" then she would be facing 5 years in prison as a maximum sentence. The only way she would face 13 years is if she was charged with 3 counts of DUI causing serious bodily injury and the Judge ran the sentences consecutively.
Usually a plea is worked out with the prosecutor. If the plea was open to the Judge, your sister's attorney should have warned her of the possibility of getting the maximum. A transcript of the plea should be obtained and brought to an experienced, local DUI attorney, who appears before this Judge on a regular basis, to explore any possible relief for your sisterSee question
When renewing or applying
You cannot lie to an insurance company, whether under oath or not. If you are asked if you have any convictions, and you did not receive a withhold of ajudication, you must answer yes. You do NOT, however, have to volunteer any information on an insurance application.See question
1998 I got continue with out a finding. 2005 I got found not guilty of a Dui. How will this effect my getting licensed?
It does not sound like it should be a problem as you have not been convicted of a DUI. Instead of a DUI attorney you should contact a Florida attorney who practices in the area of professional licensing. There are at least a few in Florida. One such practice has a website of www.TheHealthLawFirm.com.See question
what 4 states are non compact? and are there any other states that I could relocate to and get one? I am willing to go to alaska if I have to. I need to drive and make a living.
Under current Florida law you may be able to obtain a Florida license. As of last October if your suspension is for 4 DUI's you may be able to enroll in a program and receive a restricted license. It all depends on the type of convictions and the amount of time since your last conviction and/or release from jail, if you served any time..
Please contact a local experienced DUI attorney, before deciding to leave the State of Florida. With an active revocation it is unlikely that you can obtain a valid license in any other state.See question
My boyfriend was on probation for a dui and he violated the probation by going to jail with a domestic violence charge. He went to the po office normal last month and the po told him he was gonna send it out to the judge because his case is in Bro...
Get in touch with his attorney from the DUI case, if he had one. Depending on the Judge, there may be a bond amount on the Probation Violation Warrant. If it is a no bond hold the attorney should try and contact the Judge's office to set a hearing as soon as possible. If he did not have a lawyer you should contact one as soon as possible.See question
I am a college student who is a resident of Colorado. I received a DUI in Florida. I was charged, sentence to 6 months probation, lost of license, DUI school, community service,etc. I asked my attorney to request that my probation be completed in ...
Your attorney needs to present a motion to the Judge. It is usually easier and better for you for the attorney to request mail and/or phone in probation. That way you do not need to transfer anything and as soon as you complete your terms of probation it will be terminated, hopefully.See question
looking at serving in the state of florida??
He also is subject to a violation of probation which could subject him to between 6 months and 1 year in jail for just the violation. The facts of the first case would determine the amount of time he is facing. If there was an accident it could be upto one year.
Once they violate his probation, depending on the Judge, he will be taken into custody until he resloves both cases. Contact his attorney from the first case or an expeirenced local DUI attorney for more complete answers to your question.See question
I was pulled over back in Jan,got charged 4 dui and possession,hired an attorney,got 36 mnts probation+6 mnts revocation,i signed up 4 dui class&been told to go 2 DMV 2 apply 4 my hardship license w/dui class enrolment rcpt.Today when i checked my...
It sounds like this was either a 2nd DUI within 5 years or you have had 2 other major offenses in the last 5 years causing you to be an HTO. Under HTO your license is suspended for 5 years and you can not apply for any type of restricted license for at least one year. You can not have driven in that one year period either. There must have been multiple DUIs in your past or some other factor making this case a felony as it is only permissible to be put on 1 year of probation for a first DUI unless there were serious injuries or death involved. You say you were given 3 years!
The second suspension appears to be for a seperate issue. What you wrote indicates that you were convicted for not having insurance. You will need to contact DMV and find out what is needed to rectify this.
I would also point out that under the facts you wrote, you would not have been able to get your restricted license even if the Judge's 6 month suspension was the only issue because you would need to COMPLETE the class portion of the DUI school before being elligble for a restricted license upon a conviction for DUI.
You should contact your attorney to clarify these issues.See question
I received a dui conviction in 1983 then again in 2007. I am applying to a college that ask if "you have ever been charged with a felony" . Is a 2nd time charge of dui in florida considered a felony or misdemeanor. No accident or harm incurred.
If your 2nd DUI was not an enhanced breath it was not even a 1st degree misdemeanor in that the maximium penalty would have been 9 months in jail. By definition, a 1st degree misdemeanor is punishable by up to 1 year in jail. Either way, based on your description, it was not a felony.See question
Is it possible to get a license and drive in a different state? What happens if I turn myself in for violation of probation( first DUI> DWLS) in FL? What's the worst scenario? Thanks
I would also add that you will not be legally able to obtain another State's license while your FL DL is suspended. Not only is the suspension "on the wire" but all applications for a new DL ask if you are currently suspended in any other state.See question