Asked in DUI / DWI for Florida

Q: I had a DUI (MISDEMEANOR) back in 2014. The record says “ADJUDICATED GUILTY BY COURT” but then it says “DISMISSED”

316.193(1) TCATS - DUI (MISDEMEANOR)

I did 12 months probation, victim panel, and all requirements.

Does the “dismissed” after adjudication means the case was dismissed or is it a normal process of the court - adjudication, fines/punishment, then “dismissed” to close the case.

I’m asking to since I don’t know if I should answer yes to any questions about having previous misdemeanors as is my understanding that you can say “no” if your case is “dismissed.”

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2 Lawyer Answers
Jonathan Blecher
Jonathan Blecher
Answered
  • DUI & DWI Lawyer
  • Miami, FL
  • Licensed in Florida

A: In a Florida DUI case, a defendant can’t have an adjudication of guilt and a dismissal on the same charge. It sounds like you were convicted of a DUI. It’s possible that another charge that accompanied the DUI was dismissed, such as a traffic infraction. It’s difficult to answer this question without looking at the court record

Kevin John Mawn
Kevin John Mawn
Answered
  • DUI & DWI Lawyer
  • Titusville, FL
  • Licensed in Florida

A: The answer may depend upon the State where the DUI occurred. In Florida, a DUI offense requires a conviction; thus, your answer to the question would be yes. In order to answer this question correctly, you should consult with the lawyer that handled your case.

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