Reader’s Question:

I have been convicted of a DUI offense, will I still be able to wipe my DUI off my record in Florida?

Tom

Thank you for asking Tom.

Your first option after a DUI conviction is to ask a new trial from the court in Florida. If there was a mistake in the admission of evidence at your trial or some other procedural problems, your DUI lawyer can ask the court for a new trial. If the judge grants your request for a new trial, you will be allowed to present your entire case again and this time before a new jury. If you’re found not guilty on your second trial, then your driving record will be cleared of the DUI conviction and the legal effect would be as if you never were convicted.

If the judge did not grant your request for a new trial, or you lose at your second trial, you may be eligible to appeal your DUI conviction. If there is a mistake of law at your trial, or the jury completely disregarded the facts, you may have grounds for an appeal. An appeal involves filing briefs with the court and an oral argument and you will not be required to appear or participate in the appeal. If your appeal becomes successful, your conviction will be reversed, and your record will be cleared of the DUI conviction in Florida.

Goodluck!

MariCAR