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In Jan 2010 I crashed my vehicle in FL. No other vehicles were involved. I received a careless driving citation and a DUI charge

Asked in Englewood, FL - about 2 years

. After court proceedings, the DUI was reduced to reckless driving. The county court sentencing form I have orders the civil citation to be merged and dismissed. However both reckless driving and careless driving are on my driving record on consecutive days. This is making it extremely difficult to find auto insurance. Does this sound like an error or can the registry still list both? How long do these stay on the driving history report?

Attorney Answers (3)

Jason A Hicks

Jason A Hicks

Cocoa Beach DUI / DWI Attorney

Licensed in FL

Answered about 2 years ago. It sounds like the clerk made a mistake and did not follow the Court's order at the time of your plea and sentencing. You can retain a lawyer to file a motion to correct sentence. A hearing will be held and you can show the court minutes from the original plea date which shows the careless driving should have been dismissed. The State Attorney will also be present at the hearing and will likely agree that it was the intent of the parties to drop the careless ticket if this was a plea. The Judge at that time can make a more specific order explaining the merger and dismissal in order to correct the record. The Clerk can be ordered to forward the court's order (dismissing the careless driving ticket) to the DHSMV and they should correct your record at that time. If not corrected, the careless driving ticket will remain on your record in Florida for 75 years.
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Joel L Mumford

Joel L Mumford

Kissimmee Criminal Defense Attorney

Licensed in FL

Answered about 2 years ago. The above attorney is correct. You most likely need to file a motion to correct sentence and let the court know the situation. Also it would be a good idea to pull the audio record of those proceedings to see if there was a mention of the agreement on the record.
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Corey Ira Cohen

Corey Ira Cohen

Orlando DUI / DWI Attorney

Licensed in FL

Answered about 2 years ago. If you have the paperwork this is something fairly easy to fix with the DMV, have you contacted them about it?
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