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Florida Fourth DUI Defense Attorneys Whittel & Melton :: St. Augustine Woman’s Alleged Attempt to Pass Off Fake ID and Felony DUI Results in Prison Time
February 22, 2012
A 62-year-old St. Augustine woman plead no contest to charges of felony DUI, driving while license permanently revoked and unauthorized use of a driver license last week after she was allegedly caught trying to turn a Florida identification card into a driver license.
Police claim the woman taped a photo of herself over the main photo and pasted the words “Driver License Class E” over the words “Identification Card.”
The woman was apparently spotted by a Flagler County Deputy pulling into a restaurant parking lot with a flat right-front tire. The woman allegedly told the deputy she waiting for a motor club to come and change her tire.
While the deputy was checking her license plate number, the woman allegedly sped out of the parking lot. The deputy apparently chased her for a short distance and found her 2002 Toyota wrapped around a utility pole.
According to the Florida Highway Patrol, her blood alcohol content was 0.277. The state of Florida considers intoxication at 0.08.
The woman was given the maximum sentence on each count of five years in prison, to be served concurrently. Her license was also permanently revoked.
She received a felony DUI charge last June because it was apparently her fourth offense.
Under Florida law, a fourth DUI can be charged as a third degree felony carrying prison time of up to five years. Likewise, a fourth DUI can result in the permanent revocation of your driver’s license, which can be the most devastating punishment associated with a fourth DUI conviction. This means that you may not operate any motor vehicle for any reason in the state of Florida.
Currently Florida law states that a person may be eligible for a hardship driver’s license after serving ten years of the revocation period. In order to fully qualify, a person must complete any recommended treatment as well as DUI school. In addition, the person must receive a positive reference from the Special Supervision Services program to be eligible for a hardship license. Once an individual has received authorization that they qualify for a hardship license, the motorist must give the approval to the DMV and perform the following tasks:
- Take the driver’s license examination
- Pay an administrative fine
- Pay a reinstatement fee
- Pay any additional license fees
- Provide proof of bodily injury liability insurance
- Continue in the Special Supervision Services Program to keep the hardship license
All DUI cases, misdemeanors or felonies, boil down to the evidence obtained by the arresting officer who possibly conducted breath or blood tests to determine your blood alcohol content or field sobriety tests to check your reaction time and coordination. However, these tests have demonstrated numerous times over that they are unreliable. With that said, if these tests are successfully challenged, then charges may be dropped. Unfortunately, a fourth DUI felony conviction can deliver lifelong consequences. As former prosecutors, the Florida DUI Defense Attorneys at Whittel & Melton understand the importance of supplying you with a strong defense.
If you have been charged with the felony offense of a Fourth or Subsequent DUI anywhere in the state of Florida, contact the Florida DUI Defense Attorneys at Whittel & Melton online or call us statewide and toll-free at 1-866-608-5LAW (5529).