I'm a criminal defense attorney in Florida. Let me see what I can do to help....
Your time limitation on the 3.850 is 2 years from the entry of the plea.
As you probably know, you need a total of 3 convictions for either DWLS or DUI to get the HTO status. You didn't say, but I'm wondering if any of your prior DWLS offense were civil in nature, DWLS without knowledge is civil, not criminal. The reason I ask is because my firm has been successful with several clients in withdrawing the plea when the person got the ticket, paid the fine and then LATER learned that this simple action led to the HTO status, and subsequent felony penalties.
So, if you had any civil DWLS offenses, you may have more success in clearing these from your record.
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If it was CIVIL, you would have just gone to the clerk of court and paid a fine. If it was CRIMINAL, you have had to appear in court with a judge. So, you would likely know which it was. Failing this, you can call DHSMV tomorrow and check with them.
Technically, on the civil, your only supposed to have 30 days to withdraw the plea. However, many judges agree with the common perception that it's ridiculous to end up with the HTO designation over a civil citation. With this in mind, I've been able to get judges to help out even when the tickets were 2 or 3 years old!
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