Two DWLSR Charges – From Potential Felony & Jail Time to Civil Infractions

One of our recent clients was arrested for two criminal DWLSR charges in two months in Pinellas County. As a third-time offender, our client faced a felony charge for one of the charges and a potential mandatory 10-day jail sentence under a new Florida law on the other.

The Stakes Were High:

• A felony conviction carrying a permanent criminal record.
• A mandatory 10-day jail sentence under a new Florida statute for a third offense.
• A 5-year license revocation from a Habitual Traffic Offender (HTO) designation.

Our Strategy:

After reviewing our client’s history, we discovered that his license had been suspended because he had paid a ticket in Palm Beach County, was adjudicated, and labeled a Habitual Traffic Offender. We filed a Motion to Withdraw Plea in Palm Beach County, successfully arguing that our client had not understood the consequences of the original plea. As a result, the HTO designation was removed and our client was able to get a valid license.

The Result:

Once our client was able to get a valid license, we persuaded the prosecutor to amend the felony charge and the misdemeanor to a non-criminal civil citation. By doing so, we successfully avoided the mandatory jail sentence and prevented the HTO designation, saving our client’s driving privileges from a 5-year revocation.

This case is a powerful reminder that you should never underestimate a traffic charge. What may seem like a simple ticket can have devastating consequences down the line.