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Criminal Law

: Tampa DUI Lawyer

Florida DUI Prior Convictions Enhance Felony DUI

By W.F. "Casey" Ebsary Jr., Esq.

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Florida Supreme Court in a rare DUI ruling held that Article I, section 16 of Florida Constitution, prevents state from using uncounseled misdemeanor convictions to enhance defendant's later misdemeanor to a felony, unless defendant validly waived right to counsel. To prevent use of priors must assert under oath, through a properly executed affidavit that: (1) The offense involved was

Full post as published by Tampa DUI Lawyer on December 31, 2008 (boomark / email).

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