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Case Results

Another DUI Case Reduced to Reckless Driving with Adjudication Withheld.

August 2017

The significance of getting a withheld adjudication in a criminal case is that, in Florida, if adjudication is withheld, there is technically no conviction of the crime. Even more important, if the adjudication is withheld, the case is eligible to be "sealed" under Section 943.059 of the Florida Statutes. That means it won't show up on records checks, either on the court file or on the files of the arresting agency.

Florida law does not permit a DUI conviction to be sealed, and so the big collateral benefit of having a DUI case reduced to Reckless Driving is that it may permit a first-time offender to regain their legal "virginity." Nice trick if you can do it, but in Florida you (sometimes) can!

Today, we got a first offense DUI reduced to a Reckless Driving, and then convinced the trial judge to withhold adjudication on the case. This means that our client has the opportunity to complete the legal process with no record of arrest or conviction. Not bad. 

And it's the second time this month that we have been able to do that for a client. 

Practice area(s): DUI / DWI

Court: Manatee County

Tom Hudson

Known nationwide as a leading DUI defense lawyer, Tom has tried over 350 jury trials, including numerous death penalty cases. He now limits his criminal practice to DUI defense. His civil practice is devoted to getting fair compensation for the victims of negligence. Tom has attained multiple verdicts and settlements in excess of $1 million, and is a Life Member of the Multi-Million Dollar Advocates Forum. In 2008, Tom Hudson passed the National Board Certification Test for DUI Attorneys in Honolulu, Hawaii. NOTE: The State of Florida does not yet recognize DUI defense as a Specialty.

Why We're Different

Board Certification as a DUI Specialist by the National College for DUI Defense. Formal NHTSA Certification as an Instructor of the Standardized Field Sobriety Tests given by police in DUI cases. Formal training as a NHTSA Drug Recognition Evaluator. ("Drug Evaluation & Classification") Formal training to operate the Intoxilyzer 8000, Florida's official breath test instrument. Extensive experience in teaching other attorneys how to handle DUI cases. Hundreds of jury trials both as defense lawyer and as prosecutor.