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  1. #1
    Join Date
    Feb 2017
    Posts
    4

    Default Can You Reduce a Conviction for Drunk Driving Causing Serious Bodily Injury

    My question involves criminal law for the state of: Florida

    I was in my 1st and only DUI in 2005. I was convicted of serious bodily injury. Sentenced to 2yrs prison, 3yrs probation, and lost a civil suit by default while incarcerated for $214,000
    The person in the other vehicle was hurt and suffered a broken femur surgery and left the hospital 4 or 5 days later on crutches. My Lawyer never disputed Serious bodily injury, I relieved her of being my attorney after 3yrs. And when I received a public defender the 1st thing he did was bring in Bodily injury but it wasn't successful.

    Is it ever to late to try and argue this?

  2. #2
    Join Date
    Jul 2010
    Posts
    7,603

    Default Re: If Charged with Serious Bodily Injury Can You Ever Change It

    That ship has sailed.

  3. #3
    Join Date
    Feb 2017
    Posts
    4

    Default Re: If Charged with Serious Bodily Injury Can You Ever Change It

    ok thank you

  4. #4
    Join Date
    Jul 2015
    Location
    Florida
    Posts
    301

    Default Re: If Charged with Serious Bodily Injury Can You Ever Change It

    In Florida, you could have filed a motion for postconviction relief (Fla. rule 3.850) within two years after your judgment and sentence became final. The judgment and sentence is typically final when the direct appeal is over. You might be able to get around the two-year time limitation if:

    1. The facts on which you rely for your claim were unknown to you or to your attorney during the two-year time frame, and could not reasonably have been discovered;

    2. The fundamental constitutional right you are asserting was not established within the two-year time period and the right has been held to apply retroactively; or

    3. You retained an attorney to file a 3.850 motion during the two-year time period, and your attorney neglected to do so.

    None of those appear to apply in your case. I agree, based on the facts you report it would appear you were over-charged, but it is now almost certainly too late.

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