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In the case of Yacoub v.. State, the fourth District Court of Appeal for the State of Florida held as follows: The Fourth District Court of Appeal reversed the defendant's conviction and sentence for felony driving under the influence charge and remanded the case for resentencing to misdemeanor DUI. The felony DUI charge was based on the the defendant's guilty pleas to 2 prior DUI convictions in the previous ten years. The Fourth District Court of Appeal held that the state of florida didn't carry its burden of proof to prove that either legal representation was provided or that the right to an attorney was properly waived on the prior DUI convictions. Although there was a stipulation between the parties that on 1 of the two previous DUI convictions defendant was represented by the public defender's office, and that the 2nd DUI was punishable by imprisonment, no proof was offered by the state regarding the second DUI showing that the defendant validly waived her right to counsel or was represented by an attorney on that DUI conviction.  This case summary is provided to you by DUI Attorney Michael Dye. For more information, please contact Mr. Dye at (954)745-5848 OR visit the firm website by clicking here: broward county dui.
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