You can be charged with felony DUI in Palm Beach County, Florida if you are charged with committing a third DUI that occurs within 10 years of a previous DUI conviction. But how can you get that charge dismissed?
If you were not represented by a lawyer in one (or both) of your first two DUI’s, you may be able to file a motion with the court stating that the prosecutor’s office improperly charged you with felony DUI because the prosecutor is relying on a prior misdemeanor DUI conviction in which you represented yourself.
In your motion, you will have to swear under oath that:
1. Your prior DUI was punishable by more than 6 months in jail or you actually did time in jail (even if it was for only one day).
2. You did not have enough money to hire a lawyer; therefore, you were legally entitled to have a lawyer appointed by the judge to represent you.
3. The judge did not, in fact, appoint a lawyer to represent you, and
4. You did not give up your right to have a court-appointed lawyer by choosing to represent yourself.
If you file such a motion, the prosecutor must then show:
1. A lawyer was, in fact, appointed to represent you, or
2. You gave up your right to have a court-appointed lawyer.
If you have been arrested for DUI in West Palm Beach, Palm Beach, Belle Glade, Boynton Beach, Delray Beach, Jupiter, Lake Park, Lake Worth, Lantana, North Palm Beach, Palm Beach Gardens, Palm Springs, Riviera Beach, Royal Palm Beach, or Wellington, call me, attorney Ron Chapman, at 561-832-4348 to discuss your case and see how I might be able to help you.