Appellate Court Reduces DUI Charge To Misdemeanor
In the case of Yacoub versus. State of florida, the fourth District Court of Appeal for the State of Florida held as follows:
The district court reversed defendant's conviction and sentence for a felony driving under the influence charge and remanded the matter for resentencing to misdemeanor driving under the influence. The felony DUI was based on the defendant's guilty pleas to 2 prior DUI convictions within the past 10 years. The district court of appeal ruled that the state of florida did not carry its burden of proof to prove that either legal representation was provided or that the right to counsel was properly waived on both prior DUI convictions. Although there was a stipulation between the parties that on one of the 2 prior DUI convictions the defendant was represented by the public defender's office, and that the second DUI was punishable by imprisonment, no proof was offered by the state on the second DUI showing that the defendant validly waived her right to legal representation or was represented by a lawyer on that DUI conviction.