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Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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I need help with Felony DWLSR HTO in Florida. My question is

Resolved Question:

I need help with Felony DWLSR HTO in Florida. My question is as I am attacking previous dwls that caused hto status prior to my DUI which consequently placed me in HTO, then caught driving while revoked causing the Felony, what is the statue of limitations to vacate any previous DWLS on the motion 3.850 reason being failure to inform no contest would count against me in HTO status. Please can you help me?!?!?!
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Joseph replied 5 years ago.

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.

 

I hope my information proved helpful. If so, please click the green ACCEPT so that I may receive credit for my efforts. Your question will not close and you will be permitted to follow up, if necessary. Positive feedback and bonuses are not necessary but appreciated. Thank you and good luck!

Customer: replied 5 years ago.
Joseph,
I have my state issued driving record in hand...would it state with or with out knowledge? If not, how would I find if the state viewed as Civil vs. Criminal ? And if the DWLS was civil, does the 2 year limitation still stand or is it possible to clear these offenses?
Expert:  Joseph replied 5 years ago.

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!

Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
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