Is it possible to have a DWI conviction overturned?
Yes, it is possible to have a DWI conviction overturned in Florida. The process begins with filing a motion to vacate the conviction. The motion should be filed within a certain period of time after the original conviction--typically two years. A motion to vacate is a formal request to the court to set aside the conviction, essentially erasing it. The motion must include evidence that the conviction was unjust and outline the reasons why the court should vacate it. Common reasons for overturning a DWI conviction in Florida include errors made by the police when conducting the arrest or by the prosecution during the trial. Additionally, if the arresting officer did not have probable cause to make the arrest or administer a blood alcohol test, that could be grounds to overturn the conviction. The odds of having a DWI conviction overturned in Florida can be increased if a lawyer experienced with DWI cases is hired. The lawyer can help provide evidence that the prosecution was flawed or that the defendant was not in control of the vehicle at the time of the arrest. Additionally, the court may be more likely to rule in favor of the defendant if there are extenuating circumstances, such as a medical condition or if the defendant was not the driver of the vehicle at the time.
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