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State v. Coughlin3/26/2004
for a criminal traffic offense constitutes a taking into custody" under Rule 3.191(a).
Id., 754 So.2d at 174-75.
Here, as in Fothergill, Couglin was not arrested nor was he issued a notice to appear. All the traffic citation indicated was "to be notified." There was no requirement that Couglin respond in any way. Thus, for the purposes of Rule 3.191, he was not taken into custody, so the speedy trial time had not expired when he filed his motion for discharge.
Because we find this matter controlled by Fothergill, we grant certiorari and quash the circuit court's order.
CERTIORARI GRANTED, ORDER QUASHED.
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