FL 1st DUI...does my sentence exceed the statutory maximum?

[SF0614R18]

What is the name of your state (only U.S. law)? Florida

I did 35 days in county jail because I couldn't post bond. It was my 1st DUI and there were no aggravating factors.

I was sentenced to credit time served, plus 12 months probation.

Florida statute 316.193(6)(a) states "...the total period of probation and incarceration may not exceed 1 year."

It appears to me that my sentence exceeds the maximum penalty.

Should I file for early termination of probation, or modification of sentence?

I'm already many months into my probation but am trying to get off early.

 

[FlyingRon]

If the judge said time served he made an error. You are right, that time served PLUS a year probation is too long.

The rub, however, is that the judge isn't obliged to give you time serve, though you do qualify for it.

Doesn't hurt to ask. The question is how long ago was the sentencing? If it was only days, you can likely go back to the court and see if you can get 35 days taken off probation. If not, I might suggest you wait until you are fairly well into your probation and have a history of good compliance and then discuss it with the PO.