Some lawyers will be glad to help you with the PD and others will not. It really depends on why after five months the PD is not resolved. Is there an issue as to liability? if there is, then your lawyer should tell you that. Call your lawyer and set up a meeting to discuss this issue. it is hard to comment on another lawyers work without knowing all the facts and most of us would be hesitant to do so.
More than likely Lee County will transfer him from Miami to Lee to deal with the outstanding charge. As it was not a willful failure to appear the warrant should be set aside but he will still have to deal with his charge in Lee County. If you can afford a private lawyer in Lee, they might be able to get a motion to transport in front of the judge more timely than a Public Defender as they have huge caseloads.
You have a lawyer and you should rely upon his or her advice. If they are a local lawyer, they should have a good insight about the Judge and prosecutor and how they handle second DUI arrest cases. Thankfully your first charge was reduced to a reckless driving from a DUI so you do not face mandatory jail time. You also may have a defensible case, which may give leverage to your lawyer to work a good deal. Having said that, some prosecutors will seek jail time for a second charge of DUI even...
Mr. Ladan is correct. What is likely happens depends on the lawyer he hires, the judge he appears in front of and the prosecutor in charge of the case. Have him get a well reviewed lawyer who can navigate the system for him and seek the best possible outcome! Good luck!
If you are on probation and you received a new law violation then yes, it is considered a violation. If the police cited you with a criminal violation and your suspension was based upon the DUI, you could be facing a warrant being issued for your arrest. It is a great idea to consult with a local lawyer in your area to help you navigate through the potential probation violation case and the new charge. I wish you good luck in handling your case!
Toxicology reports are typically a critical component to the prosecutors case and often the defense lawyer is going to want to take the time to get an expert to look at the results. Sometimes these cases can take over a year or more to resolve.