Legal Question in Criminal Law in Florida

An intoxicated woman got into my car when it was parked behind my office. She urinated in the passenger seat and driver's seat, left fingerprints on my windows and footprints, broke my rear view mirror, left a knife in my car. Best I can determine she was in there for 30 minutes before someone saw it and came into my office and told me. I called 911 the police came and dragged her out of the car. She was so intoxicated she could not stand up, tell her name or DOB. The officer did not arrest her despite me saying I wanted charges pressed, he let her go with some friends that came by. The report was sent to the State Attorney. He declined to press charges stating that she thought it was her car and she was so intoxicated (high?) that she did not know what she was doing thus there was no criminal intent. I disagree this basically means anybody can do anything as long as they are intoxicated enough and not be held responsible. What recourse do I have.


Asked on 9/16/10, 10:11 am

1 Answer from Attorneys
Nicholas Dorsten Blake & Dorsten, P.A.

Sadly the prosecutor has discretion in choosing what cases to file or not file. You can always write a letter to the prosecutor asking him or her to reconsider and giving the reasons why. Tis letter will be read by the prosecutor's superviser and may put some pressure on him/her to reconsider.

The other alternative is to sue the woman in small claims court for any damage that was done to your car.

Goodluck,

BlakeDorstenLaw.com

[email protected]

727.286.6141

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Answered on 9/21/10, 11:11 am


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