Legal Question in DUI Law in Florida

I would say yes, but a court may feel that it is not enough of a conflict. If this is an ongoing case, you should speak to your attorney about recusing the prosecutor. If that happens, usually the State Attorney General's office takes over when there is a conflict.

Do you mean the State Attorney or the Assistant State Attorney who is handling the case? It would certainly be the better practice for the prosecutor to recuse himself. If it's the Assistant State Attorney, he should hand the file to another Assistant State Attorney. If it's the State Attorney, the governor should appoint a prosecutor from another jurisdiction to handle the case. (The Attorney General's Office doesn't take over, as Mr. Epifanio suggests.) However, prosecutors aren't under the strict rules of conflict that judges are. Judges must recuse themselves when there is "an appearance of impropriety." Prosecutors don't have to recuse themselves unless there is an actual, legal conflict of interest, for instance where a prosecutor is asked to prosecute someone he once represented in a criminal case. In the circumstance you describe, it would be wise for the prosecutor to recuse himself, but it wouldn't be required.