Nobleton, FL DUI Law Firms & Lawyers

Why has it been delayed for that long? Are you represented by an attorney? If not, you should retain an experienced DUI attorney in your area as soon as possible. Is the prosecution delaying the case because of lack of evidence or is the defense delaying it for some strategic reason? A lot more information is needed before a more accurate answer can be given. Usually there are statutory mandates on how long the court has to bring a misdemeanor case to trial. If it has not come to trial in that time period, there would need to be good cause for why it has been delayed for so long.

The video in the intox room is intended to prove that the breath test was administered according to the established rules and procedures. For example, was there a 20 minute observation period?, were you offered a breath test?, did you refuse the breath test?. Anything you may have said in the form of admissions could be used against you.  Miranda applies to interrogation, questions such as "have you been drinking?", how many drinks have you had?", etc.  The video in the intox room may have admissible evidence recorded.  A lawyer could file a motion to suppress evidence if you were being questioned and not read your Miranda rights. If all that happened is that you were shooting the breeze with the officer, probably not any interrogation taking place and as such no need to read Miranda, and nothing harmful on the video. The case law says that you don't need to be read Miranda before taking a breath test because it is not interrogation,  and your are not entitled to a lawyer when making the decision to take or refuse the breath test.

They can try, but the prosecution will have to prove that you were either impaired or your Blood-Alcohol level was above 0.08 at the time that you were driving. The amount of drinks you had alone is most likely insufficient to obtain a conviction.