10.04 unable to install any fglrx ATI driver

When upgrading from karmic to lucid i got a warning on the fglrx packages.
The install completed but minus the ATI driver.
I removed the 3 broken items in the package manager.
I looked on here and found a supposedly fixed driver asked the system to install it and this is there error that follows.

After this operation, 100MB of additional disk space will be used.
Do you want to continue [Y/n]? Y
(Reading database ... 135793 files and directories currently installed.)
Unpacking fglrx (from .../fglrx_2%3a8.723.1-0ubuntu4_amd64.deb) ...

[Warning] Uninstall : inst_path_default or inst_path_override
 does not exist in /etc/ati. This suggests that the ATI driver
 is not installed, the ATI driver is only partially installed,
 or the current ATI driver installed is an older version than the
 one this script was designed for. Both files listed above are
 required for determining where installed files are located.
 To force uninstallation of the driver by guessing where the
 uninstallation files are located, set the FORCE_ATI_UNINSTALL
 environment variable and re-run /usr/share/ati/fglrx-uninstall.sh (this is not recommended).

dpkg: error processing /var/cache/apt/archives/fglrx_2%3a8.723.1-0ubuntu4_amd64.deb (--unpack):
 subprocess new pre-installation script returned error exit status 1
Errors were encountered while processing:
 /var/cache/apt/archives/fglrx_2%3a8.723.1-0ubuntu4_amd64.deb
E: Sub-process /usr/bin/dpkg returned an error code (1)
wiesshund@wiesshund-desktop:/usr/share/ati$