Friday, February 6, 2015

Is it a 1st or 2nd misdemeanor when you get caught DWLS for a second time? ~ AVVO.com Best Answer ~ Call Michael A. Haber, Esq. @ **ARRESTED or **305DUI

Q:     Is it a 1st or 2nd misdemeanor when you get caught DWLS for a second time?  I always thought that its a 1st degree misdemeanor if you are caught DWLS for a second time. A friend of mine got caught while driving while his license was suspended for a second time around and on the court record its saying 2nd degree misdemeanor...Can this be correct if this his is second time get caught while DWLS is suspended? could it be that it was record incorrect or i am just ignorant about all of this?


A:      Chosen as "Best Answer" by Asker!

Licensed in FL
Michael Adam Haber

PRO

Criminal Defense Attorney - Miami, FL


Contributor Level 20


Best Answer
chosen by asker
Answered . If he is incorrectly charged with a 2nd degree misdemeanor when it should in fact be a 1st then he should thank his lucky stars that the error is in his favor (as he faces a maximum potential sentence of 60 instead of 364 days in jail).

That said he should not have a 2nd DWLS, and he better not get a 3rd because the 4th is a felony waiting to happen. 

Your friend should not discount the fact that his DWLS can become a significantly bigger problem. In Fl you can be designated a "HTO" (habitual traffic offender) for racking up 3 DWLS's, and, once "habitualized" you not only earn a five (5) year driver license revocation but your next one (your fourth - 4th) subjects you to felony prosecution and five (5) years in state prison.

My advise: Your friend should hire an experienced 954, FL area criminal defense or seasoned traffic defense lawyer to assist him in reinstating his DL. If he does not know a lawyer, and if he does not have anyone who can make a personal referral, then he should use the "Find a Lawyer" feature on AVVO to locate one, make an appointment, show up on time, bring whatever evidence, documents or witnesses that he may have, engage in a meaningful face-to-face consultation and get himself some advise which is legally sound and has been custom tailored as possible to meet his specific reasonable needs in his unique case.

I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 

For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  


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THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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