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JUDGE REFUSED THE DA'S PLEA BARGAIN ON A THIRD DUI IN FLORIDA. THE TWO WERE 25 YEARS AGO. PASSED BREATHALIZER TEST.

Stuart, FL |

IS A FL STATUTE OF LIMITATIONS ANY GOOD HERE? I WAS ALSO CHARGED ON 2 DRUG COUNTS. PROVED THEY WERE MY PRESCRIPTION SLEEPING PILLS & THEY WERE DROPPED. I WAS EXHAUSTED & TRYING TO GET HOME TO CITRUS COUNTY. THE OFFICER SAID I WAS DRIVING ERRATICALLY. I TOLD HIM I HADN'T HAD A DRINK & WAS JUST TIRED. WHAT CAN I DO NOW. MY ATTORNEY SAYS 3 DUI'S & YOUR OUT. I WASN'T DRUNK. THEY SAID I REFUSED THE BLOOD TEST. I WAS TO TIRED BY THEN TO ARGUE THE POINT. ALREADY OUT $2500. FOR BOND & CAR BEING HELD. ANY SUGGESTIONS?

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Attorney answers 3

Posted

Unfortunately you do not provide enough information to determine what the issue is you are inquiring about. Is a judge's refusal of a plea offer improper? Do you have a good trial case? Was there an issue with the stop?

I think this is a matter best handled with your attorney. Checking for assistance in an online forum is not a substitute for legal advice directly from a lawyer with knowledge of your case.

Posted

If your question is whether the Statute of Limitations bars the use of 25 year-old DUI convictions to enhance a pending DUI, the answer is no. There is no recognized "remoteness" defense to statutory enhancements for repeat offenses. If, however, the State is attempting to use prior DUI convictions to enhance a misdemeanor DUI to a felony DUI, there are other statutory exceptions. Speak with your attorney - s/he is in a far better position to answer questions that relate specifically to the facts and circumstances surrounding your case.

Posted

The statute of limitations has to do with how long after you commit an offense before charges based on that offense can be brought against you. In the case of a DUI-3rd, that means when you committed the last offense, not the first one.

You need a DUI/DWI lawyer. If you have one, you should listen to him/her.

You don't need to be "drunk" to be DUI, legal prescription drugs can be a valid reason for this charge as can over-the-counter medications.

There are defenses for prescription drugs not available for street drugs. Discuss them with your lawyer.

If any answer on AVVO helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others.
Thank you.

--- Experienced DUI/DWI/OWI/Drunk Driving Lawyer in Madison, Wisconsin
http://addbalance.com/drunk_driving_lawyer.htm

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--- Field sobriety "tests"
http://addbalance.com/fieldsobrietytests.htm

--- DUI/DWI/Drugged Driving with Prescription Drugs
http://addbalance.com/duidrugs.htm

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