My question involves criminal law for the state of: Florida.
I was involved in a DUI in August 2007. Due to numerous state contuances, they only just tried me this Monday!. I was in a rental car, had a high BAC but nobody was hurt.
On the morning of trial the witnesses came, on time and even sat behind me, one was a marine so his credibility was amazing.
The officer has a one hour standby---never showed. I had a split second decision to make, my lawyer was panicking me warning we needed a decision before the officer came. My choice was a reckless which carried almost all the same penalties as a DUI. My lawyer also filed on the 3rd of April for a speedy trial motion.
For the life of me I do not get why he, nor the girl who calls twice a week can giive me the likelihood they will try and serve me. I live in a gated community, though people do let others in behind them.
Two questions, is this not tresspassing to enter a gated community and can I not call the police claiming a suspicious person is oustide our neighbors?
Secondly, why can nobody answer the likelihood of them coming after me. I would think since this happened in August, I did not take the reckless, and the police was at fault for the result in all respect with two witnesses they will ALSO have to recall, that they would not. But I read another post who stated that SAO in Florida has no say, they always re-file property damage cases.
Anyone able to give me a few clear answers. Not as if they will, but my size and the fact I was in the sun and did not eat and only had a few glasses of wine account for the high BAC. I also did not even need to urinate until I was already under arrest.
I am not moving out as I just purchased my home, but would like to know how best and legally to avoid them should they come after me!
I was also informed they can file up until the 60th day---does that not deny me the speedy trial motion? What is the statute then for them to serve me?