Volusia County Marijuana Decriminalization

Volusia County has voted to decriminalize marijuana and marijuana paraphernalia. This is a good thing but the amendment is not really legalization. It appears to give law enforcement the discretion to either arrest, give a notice to appear or charge it as a non-criminal ticket. The suggested fine is $100 because it was believed by the State Attorney's Office that individuals will be less likely to fight the charges. Volusia County has a history of having "payable tickets" on the beach. The problem is those are often actually misdemeanors. At this point it is unclear how paying a marijuana ticket would impact federal financial aid. The federal government does not recognize a withhold of adjudication. If this is a payable ticket like minor in possession of alcohol any spring breaker that pays a marijuana ticket could find themselves ineligible for federal financial aid. The concern I have is that not all payable beach tickets are non-criminal. We see people get a surprise when they pay a beach ticket on probation or occasionally when applying for a job. Don't pay a Volusia County Beach ticket without talking to Daytona Beach attorney Kevin J. Pitts. The only information that is posted on municode is listed below. 

AN ORDINANCE OF THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE COUNTY OF VOLUSIA BY AMENDING CHAPTER 78 OFFENSES AND MISCELLANEOUS PROVISIONS BY CREATING SECTION 78-3 TO PROHIBIT POSSESSION OF CANNABIS AND DRUG PARAPHERNALIA IN UNINCORPORATED COUNTY; BY AMENDING CHAPTER 20 BEACH CODE, ARTICLE IV CONDUCT, TO CREATE SECTION 20-128 PROHIBITING POSSESSION OF CANNABIS AND DRUG PARAPHERNALIA ON THE ATLANTIC OCEAN BEACH; PROVIDING FOR SEVERABILITY; BY PROVIDING FOR CONFLICTING ORDINANCES; AUTHORIZING INCLUSION IN CODE; AND PROVIDING FOR AN EFFECTIVE DATE

SECTION I: Chapter 78 of the Code of Ordinances, County of Volusia is amended to read as follows: Section 78-3. Possession of Cannabis and Drug Paraphernalia. {a) Prohibitions. It shall be unlawful for any person to possess 20 grams or less of cannabis as defined in F.S §893.02(3). or its successor. or drug paraphernalia as defined_.in.F.S .. §893.145, or its successor. (b) Jurisdiction. This section shall be applicable only within the unincorporated areas of the county and_ as provided in Chapter 20 of this code. ( c) Penalty. Violations of this section are punishable as provided in section 1-7. SECTION II: Chapter 20, article IV, section 20-128, of the Code of Ordinances, County of Volusia is amended to read as follows: Ordinance 2016-06 Page 1 of 2 Section 20-128. Possession of Cannabis and Cannabis Paraphernalia. It shall be unlawful for any_ person_ to _possess 20 grams or less of cannabis as_ defined_ in F .S §893.02(3), or its successor, or drug paraphernalia as defined in F.S. §893.145, or its successor. SECTION III: AUTHORIZING INCLUSION IN CODE - The provisions of this ordinance shall be included and incorporated into the Code of Ordinances of the County of Volusia, a.S additions or amendments thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the code. SECTION IV: SEVERABILITY - Should any word, phrase, sentence, subsection or section be held by a court of competent jurisdiction to be illegal, void, unenforceable, or unconstitutional, then that word, phrase, sentence, subsection or section so held shall be severed from this ordinance and all other words, phrases, sentences, subsections, or sections shall remain in full force and effect. SECTION V: CONFLICTING ORDINANCES - All ordinances, or part thereof, in conflict herewith are, to the extent of such conflict, repealed. 

SECTION VI: EFFECTIVE DATE-This Ordinance shall take effect April 1, 2016. ADOPTED BY THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, IN OPEN MEETING DULY ASSEMBLED IN THE COUNTY COUNCIL CHAMBERS AT THE THOMAS C. KELLY ADMINISTRATION CENTER, 123 WEST INDIANA AVENUE, DELAND, FLORIDA, THIS 3RD DAY OF MARCH A.D., 2016. 

Sec. 1-7. - General penalty; continuing violations.

In this section, the phrase "violation of this Code" means any of the following:

(1)

Doing an act that is prohibited or made or declared unlawful, an offense or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.

(2)

Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance.

(3)

Failure to perform an act if the failure is declared a misdemeanor or an offense or unlawful by ordinance or by rule or regulation authorized by ordinance.

(b)

In this section, the phrase "violation of this Code" does not include the failure of a county officer or county employee to perform an official duty unless the context requires otherwise.

(c)

Except as otherwise provided, a person convicted of a violation of this Code shall be punished by a fine not exceeding $500.00, by imprisonment in the county jail for a term not exceeding 60 days, or by both such fine and imprisonment. For violations of this Code that are continuous with respect to time, each day the violation continues is a separate offense in the absence of provisions to the contrary.

(d)

The imposition of a penalty does not prevent revocation or suspension of a license, permit or franchise, the imposition of civil penalties or other administrative actions.

(e)

Violations of this Code may be abated by injunctive or other equitable or civil relief, and no bond shall be required, nor proof of intent or scienter. The imposition of a penalty does not prevent equitable relief. Violations of this Code are also subject to remedies prescribed in article VII of chapter 2.

(f)

In any litigation commenced by the county to enforce the provisions or to enjoin a violation of this Code, the county shall be entitled to reasonable attorney's fees incurred in such litigation. For the purpose of this Code, a reasonable attorney's fee shall not be limited to the actual salary paid to an attorney employed by the county, but shall be computed in the manner otherwise applicable under law.

(Ord. No. 99-28, § XIII, 11-4-99; Ord. No. 2009-20, § I, 8-20-09)

Can an Attorney Help You Get Your Drivers License Back? By Heiko G. Moenckmeier.

Yes.  Attorney Heiko Moenckmeier can help you.  Did your license get suspended?  Did you receive a Habitual Traffic Offender suspension notice in the mail?  Did you get a traffic citation for Driving While License Suspended Without Knowledge?  Did you get a Notice to Appear or ARRESTED for Driving While License Suspended With Knowledge? Contact experienced Florida Habitual Traffic Offender Drivers License Attorney Heiko Moenckmeier today @ 407.504.1384.  I WILL HELP YOU. 

What’s the Attorney Need from me? (Help Me Help You!)

Your driver’s license number and date of birth, and if you have it- a copy of the suspension notice and any citations you have received.

What the hell just happened?  Why is my license suspended?

We all love the Florida Department of Motor Vehicles don’t we?  That long wait, at a random time in the week that you picked yourself thinking no one else would be there.  You better have your Social Security Card, Passport, birth certificate, proof of residence, and a talking parrot, and you best not have forgotten anything! But we suffer through because damn it, we need our driver’s license!  Because you damn well need to drive to go to the store, to get diapers and formula, to take your baby to the hospital on a high temperature and to get to and from your J-O-B!

So you got stopped a few times when you were low on funds, hadn’t paid your car insurance, and let it lapse.  The officer gave you a few tickets- speeding, and driving while license suspended without knowledge.  These go unpaid, but you didn’t go to jail, so that’s great!  And you get a few more tickets...  Then one day, the Florida  Department of Motor Vehicles sends you a Habitual Traffic Offender license suspension notice in the mail.  If you got one of these- call me now- 407-504-1384.  Attorney Heiko G. Moenckmeier (that’s me) has extensive experience in overturning traffic and criminal convictions, negotiating tickets and getting you your driver’s license back!

WHAT HAPPENS IF I PAY MY TICKETS?  CAN’T I JUST PAY THEM? 

DO I NEED AN ATTORNEY?

Don’t pay that ticket!  Paying tickets at the counter equals points on your license, possible suspensions, and increased car insurance rates.  Experienced Orlando suspended license and ticket attorney Heiko Moenckmeier can help keep points off your license, keep your insurance rates low and prevent or overturn your drivers license suspension.

You may not know, an attorney can help you in traffic court by simply getting you withholds of adjudications (meaning it’s not a conviction under the Habitual Traffic Offender Statute).  This is what happens when you take a class, but an attorney saves you time and money that you can use to do other things besides go to a driver improvement class (which you can only do five times in your life).  If you pay your speeding tickets, failure to yields, and driving while license suspended without knowledge tickets at the window at the clerk of courts office, or mail in your payments, or pay online, that is a CONVICTION under the meaning of the Law.  Increased insurance rates, and racking up points on your license are NOT what you want to do.  You DO want your lowest insurance rates, and you DON’T want to get your license suspended, right? Orlando Attorney Heiko Moenckmeier can help you by fighting your charges, negotiating withholds of adjudication and sometimes lower fines, or even getting your charges dismissed completely! 

Contact experienced Orlando and Kissimmee Suspended License Attorney Heiko Moenckmeier Today, at 407-504-1384.  Cash, money order, and Major Credit Cards accepted.

ADVERTISING DISCLOSURE

The Law Firm of Heiko G. Moenckmeier, LLC does not offer any guarantees with regard to the outcome of your legal matter. Prior results in other cases do not guarantee a similar outcome in your case.

Some jurisdictions may consider this to constitute attorney advertising. Hiring an attorney is an important decision that you should not make based solely on advertising or on our self-proclaimed expertise. Rather, you should make your own independent evaluation of any lawyer who you are thinking about hiring.

Reckless Driving Yasiel Puig Pontification By Heiko G. Moenckmeier, Esq.

So… Might as well give you my two cents on the Yasiel Puig arrest for reckless driving for going 110 miles an hour on Alligator Alley, Collier County… It was case 2013CT004124A, which was nolle prossed (dropped) pretty darn quick, making his attorney Hoss Hernandez second only to us… I mean, Yasiel’s Mercedes is built to travel 160 miles per hour on the Autobahn, and Alligator Alley is Florida’s Autobahn (except for the irate troopers).  What a peach of a case!  No weaving, no cutting people off, no one else on the road in the trooper’s dash cam.  This case was made to be dropped, and this trooper’s judgment on what constitutes reckless driving is waaaay off.    

The only thing the officer can rely on is his observations, and there’s no one around Manny’s fat S class that he put in danger (you need to endanger another vehicle to sustain a factual basis for reckless driving.)  The officer can’t theorize that the speed would at some point put somebody in danger. 

Speed Alone cannot be the basis for a reckless driving conviction Miller v. State 636 So.2d 144 (1st DCA 1994). 

The statute is 316.192 Reckless driving. which reads:

(1)(a) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.

(b) Fleeing a law enforcement officer in a motor vehicle is reckless driving per se.

(2) Except as provided in subsection (3), any person convicted of reckless driving shall be punished:

(a) Upon a first conviction, by imprisonment for a period of not more than 90 days or by fine of not less than $25 nor more than $500, or by both such fine and imprisonment.

(b) On a second or subsequent conviction, by imprisonment for not more than 6 months or by a fine of not less than $50 nor more than $1,000, or by both such fine and imprisonment.

(3) Any person:

(a) Who is in violation of subsection (1);

(b) Who operates a vehicle; and

(c) Who, by reason of such operation, causes:

1. Damage to the property or person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

2. Serious bodily injury to another commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The term “serious bodily injury” means an injury to another person, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

The Difference Between Lake County Reckless Driving And Lake County Careless Driving

We often have clients that confuse reckless driving and careless driving. The charges sound similar and legally are very similar. The primary difference is a Lake County careless driving is a civil traffic infraction punishable by up to a $500 fine. Lake County reckless driving is a criminal traffic offense punishable by up to a $500 fine, 6 months probation and 90 days in jail. Careless driving is much more common with 2,464 Lake County cases in 2012 compared to 84 Lake County reckless driving cases. Both charges require the endangerment of person or property with the primary difference being that careless driving can be proven by negligence and reckless driving requires that the state prove the actions were willful. A Lake County careless driving case cannot end in an arrest unless some other crime occurs. It is a common cause of police contact for a Lake County suspended license arrest and if the driver does not stay to exchange information the careless driving can result in a Lake County leaving the scene of an accident arrest. Careless driving cases have many defenses and a high percentage of these cases are dismissed at traffic hearings. Of the 622 careless driving cases that went to a hearing in Lake County 224 were either dismissed or found not guilty. Another 78 cases resulted in a withhold of adjudication at hearing. Attorney Kevin J. Pitts is a former Florida prosecutor that has extensive experience not only defending traffic cases but also prosecuting them for the State Attorney's office. Criminal traffic cases can have serious consequences in Lake County including jail and probation. Civil traffic infractions can dramatically increase insurance rates and place points on your license that can cause a license suspension. When your license and freedom are on the line you need a defense attorney on your side. If you are accused of a traffic offense in Lake County, Florida contact attorney Kevin J. Pitts to set up a free initial consultation. Attorney Kevin J. Pitts can be reached at 407-883-6853 or 386-451-5112. Mr. Pitts handles all types of traffic violations in Central Florida from speeding tickets to serious felony traffic offenses.

Osceola County Bus Driver's Careless Driving Case Dismissed

According to an article by Desiree Stennett of the Orlando Sentinel an Osceola County bus driver was accused of careless driving in Osceola County after an accident involving his bus and a school bus. The incident occurred on 9/6/2013. The citation was challenged at an infraction hearing and the case was dismissed on 12/19/2013. I did not personally handle this case and the information was obtained from the Osceola County Clerk's website. If you have been accused of careless driving or reckless driving it is always a good idea to hire an attorney. Many Osceola County reckless driving cases are overcharged by an officer that is offended by driving. If an accident occurs a careless driving citation is almost a reflex for the officer on scene. Reckless driving and careless driving cases have specific elements that must be established for a conviction. If you are accused of a careless driving case or a reckless driving case in Osceola County contact attorney Kevin J. Pitts to set up a free consultation at 407-268-3688.

Seminole County Suspended License Attorney - Daytona Beach DUI Attorney Seminole County Criminal Defense Lawyer - Daytona Beach DUI Attorney

Seminole County Suspended License Attorney - Daytona Beach DUI Attorney Seminole County Criminal Defense Lawyer Over 29,000 people charged with driving on a suspended license with knowledge in seven Central Florida counties in 2012.

Signatures For Ballot Referendums At The Courthouse

I was recently walking out of the courthouse in Sanford and was asked to sign a petition to protect our water. Since I am generally against any type of regulation I didn't want to sign it. I also noticed that the individual asking me to sign had a "legalize it" shirt on. As a criminal defense attorney who handles Orlando marijuana cases, Seminole County marijuana cases, Daytona Beach marijuana cases and Flagler County marijuana cases I'm not a huge fan of the current drug laws in the United States and question the war on drugs. It did not offend me that the guy wanted me to sign a petition for legalizing marijuana what offended me is that he tried to trick me into signing a marijuana petition by either mixing multiple ballot referendums or just lying to me about what I would have been signing. I actually told him no as soon as he told me he was petitioning to protect my water so I did not get to see what the document said. This gives me some concern about the ballot referendum process if people will lie to individuals on the courthouse steps in an attempt to get enough signatures to get their issue on a ballot. I was talking to an investigator I work with and he said the same thing happened to him in as he was leaving the clerk of court in Orlando. The question that I have is if I looked like a defendant instead of an attorney would they have asked me to sign a petition for clean water or to legalize marijuana. Does everyone get the same sales pitch or is it catered to what they believe you will be willing to sign? The other question is does it matter what they say since the referendum only puts it on the ballot for a vote. I guess in the end it all comes down to making sure you carefully read anything you sign. 

Orlando Possession Of Under 20 Grams Of Marijuana Attorney

Many people believe that we should legalize marijuana but at this point Florida has some of the harshest penalties for possession of under 20 grams of marijuana in the country. The maximum punishment for possession under 20 in Orlando is a year in jail, a year of probation or any combination of the two that does not exceed a year in duration. The maximum fine is up to $1,000. Some additional less known penalties are: a 2 year driver's license suspension if adjudicated guilty, loss of federal financial aid and potential loss of public assistance. The 2 year driver's license suspension does not require the accused to be operating a vehicle. The license suspension for a first DUI is only 6 months for a breath test over .08%. An experienced Orlando possession of marijuana attorney can argue for a dismissal, diversion, amended charge or at least a withhold of adjudication to avoid the 2 year driver's license suspension. An attorney can also waive your appearance from most of the court dates. This avoids missing work or school and avoids warrants for failure to appear. If you are charged with Orlando marijuana possession call attorney Kevin J. Pitts today at 407-883-6853 to set up a free consultation. 

Follow my blog with Bloglovin

Daytona Beach Reckless Driving Defense

If you have been arrested for reckless driving or were issued a criminal citation you have defenses. Reckless driving can be a serious misdemeanor offense that can carry heavy sanctions and have a dramatic impact on insurance rates. A Daytona Beach reckless driving case can also have numerous defenses. One thing to remember in a reckless driving case is that speed alone is not sufficient to establish reckless driving. The state must show that the driving endangered the person or property of another. The state must also show that the driving that endangered the person or property was willful. The willful part of the statute can be difficult for a prosecutor to establish in many reckless driving cases. When defending a reckless driving case the goal s to always get the case dismissed but if that is not possible careless driving is a good negotiating tool. The statutes are nearly identical with the only difference being that careless driving only requires the state to show negligence. If the case is amended to careless driving we see a reduction in fines, prevent our clients from having a criminal record, avoid jail or probation and avoid the additional 4 hour BDI course that is now required for a reckless driving cases. If you have been accused of reckless driving in Daytona Beach, Volusia County, Flagler County or Seminole County call the attorney Kevin J. Pitts today at 386-451-5112. Offices in Daytona Beach and Sanford.

Sanford And Seminole County Bail Bond Website With Useful Information

The part of the criminal justice process that I was the least familiar with was the bail bond process. I decided to do a little research to get more information about the process in Seminole County. I came across a Seminole County Bail Bondsman website with useful information about the bail bond process in Sanford and the surrounding area. Meeting with a bail bondsman is the often the first step in the long process when someone is accused of a crime. My understanding of the bail bonds process was that you pay 10% and you get out. This is basically true but I have learned that payment plans are also available with some bondsman. Collateral is not always required but if the individual is a flight risk collateral might be required to help protect the bondsman. These fine details are what makes the difference when selecting a bondsman. 

Defending against a criminal charge can be expensive. Using a bondsman can reduce the amount of money that you have to tie up on the front end of the case. Posting a cash bond and diligently defending a series charge can be expensive. A bondsman reduces the cost of getting out of jail by 90%. On a Seminole County burglary of a dwelling case that saves you $4410 on the cost of getting out of jail. The above mentioned site also provides a bond schedule for Seminole County cases. If someone you know has been arrested contact a bondsman to get them out of jail as soon as possible. Once they are out of jail or if the bond is unreasonably high contact our Seminole County criminal defense attorney. We offer a free consultation on all criminal defense cases. Call 407-268-3688 to set up a consultation.

Should You Take A Central Florida DUI Breath Test

When a driver is accused of driving under the influence, a breath test is almost always requested. Consent to a breath test is implied but it is not mandatory in Florida. If a driver elects not to take a breath test they will face additional exposure to license suspension and in some cases additional criminal charges.

With all of the factors to consider is it better to blow or refuse? This is not a question that can be easily answered and the reality is that it depends on several factors. One factor is obviously the amount of alcohol the driver consumed but another consideration is what the driver is trying to avoid. For some drivers the actual DUI conviction is more damaging and for other drivers the inability to drive may be more damaging. It may be surprising to learn that the suspended license and DUI conviction do not necessarily go hand in hand. In Daytona Beacha DUI conviction does result in a driver’s license suspension but if the driver takes proper steps they will be able to drive to and from work, church, doctor visits and to maintain their livelihood just hours after a conviction. On the other hand, if the DUI case is dismissed, the driver could still lose their license as a result of an administrative driver’s license suspension on a first DUI for 6 months with no driving for 30 days for a breath test above .08% or a year with no driving for the first 90 days for a refusal. The reason for this is the fact that when a driver is accused of a DUI in Florida they actually face two separate cases. They face the criminal DUI case and they face an administrative case only dealing with the privilege to drive.

The advantages of submitting to a breath test include a shorter administrative driver’s license suspension exposure. The administrative suspension for a breath test is 6 months with no driving for the first 30 days. The legality of the stop, detention and arrest can still be challenged. If the defense is able to successfully challenge the elements of the case prior to the breath test the results may not be admissible. The accuracy of the machine can be challenged. The Intoxilyzer 8000 has a .02% tolerance which means a .08% sample could actually be .06% to .10%. In Florida often the breath test is an hour or two after the initial encounter. Retrograde extrapolation can be used to show that the breath alcohol (BrAC) content was actually much lower when the driver was driving. One of the disadvantages of submitting to a breath test is that if you have a high BrAC and proper procedures are followed it will be very difficult to get a reduction or acquittal. Another disadvantage is on a first DUI with a BrAC over .15% the driver faces an additional $500 fine and will be required to have a interlock device on their vehicle. Many prosecutors will stipulate to a BrAC below .15% in first DUI cases. The biggest advantage of the breath test is that a driver will be able to drive after 30 days regardless of how high the BrAC is.

An advantage of a Daytona Beach DUI refusal is the prosecutor cannot attach a numerical result to the alleged impairment. A refusal with poor performance on field sobriety exercises does not help the case. In Florida field sobriety exercises are not mandatory. If a driver decides they are going to refuse a breath test they should also refuse to perform field sobriety exercises. If the officer has a history of arresting drivers under the legal limit this can be used effectively on cross examination on DUI refusal cases. The disadvantage of a refusal is that a driver will face a 12 month administrative license suspension with no driving for the first 90 days. Refusals also generally do not get you sympathy with the prosecutor and can also be frowned upon by a jury. A second refusal is a first degree misdemeanor in Florida.

Drinking and driving is serious and the consequences are severe. It is always cheaper to call a cab than to fight a DUI. The decision to submit to a breath test or refuse is unique to the individual involved and the facts of the case. For more information on DUI cases contact Daytona Beach criminal defense attorney Kevin J. Pitts.

Daytona Beach DUI Attorney Seminole County Criminal Defense Lawyer - Daytona Beach DUI Attorney Seminole County Criminal Defense Lawyer

Article about Daytona Beach Bike Week from a Daytona Beach defense attorney's perspective.
Daytona Beach DUI Attorney Seminole County Criminal Defense Lawyer - Daytona Beach DUI Attorney Seminole County Criminal Defense Lawyer

Florida DUI Daytona Beach DUI Lawyer Phase 4 Breath Test or Refuse

As a Daytona Beach DUI lawyer and former DUI Assistant State Attorney in Daytona Beach Kevin J. Pitts has handled hundreds of DUI cases. The fourth phase of a Florida DUI case is the chemical test of your breath blood and or urine. When arrested decisions will have to be made on the breath test and/or urine test (you can be requested to do both breath and urine). Blood tests are most common in felony DUI cases. In a DUI with serious bodily injury or fatality a blood test is mandatory and can be taken by force. The decision to refuse or submit to a test is very important. Many individuals believe that if they have had a few drinks they should automatically refuse. The problem is that a refusal carries substantial consequences.

The first question that needs to be asked is are you more concerned about a DUI conviction or not being able to drive. No matter how high you blow you will be able to drive in a restricted capacity after 30 days without driving if the proper steps are taken. A first refusal would have a 90 day hard suspension without any hardship license. When should you submit to a breath test? If you primary concern is the restriction on your ability to drive. If your breath alcohol content is likely to be near or under the legal limit. If you are slightly over .08% the intoxilyzer has a 3 point or 3% inaccuracy disclosed by the manufacturer in paperwork. This is on controlled lab tests and is likely minimized for marketing. The breath test machine also uses a .02 tolerance to verify the results. Two tests are taken for verification. If you blow a .08% any result between .06% and .10% would be valid for the second test. If your breath alcohol content is near .08% these built in inaccuracies help you. A separate method to attack the results if they are around .08% is retrograde extrapolation. Retrograde extrapolation is the mathematical process by which the accused’s blood alcohol concentration at the time of driving is estimated by projecting backwards from your test result. You are not DUI for sitting in the police station over .08%. The blood alcohol content could increase or decrease between .015% and .02% per hour. If it could be higher or lower.That .02 could be your reasonable doubt and gives you a fighting chance of beating the case.

Some counties in Central Florida will reduce cases with lower breath alcohol content and some counties in Central Florida will divert the case allowing you to have an opportunity to have your DUI case dropped. Refusals sometimes receive reductions and diversions but it is generally a policy of prosecutors to fight harder when the accused refuses. When should you refuse a breath test? If it is clear that your breath alcohol content will far exceed the legal limit but only if punishment and convictions are your primary concern. You could still receive the administrative suspension regardless of the outcome of your criminal case. The administrative suspension on a first DUI refusal is 12 months with no driving for the first 90 days. A first DUI breath test suspension is 6 month with the first 30 days without driving. If your result is over .15% you will face an increased fine and interlock on your car but you will still be able to receive a hardship 30 days after your license is suspended. A DUI conviction can end some careers. If that is the case a double refusal might be the best option. No field sobriety exercises and no breath test. If you are a commercial driver refusing can cause additional issues by being calculated as a strike against you. If later convicted of DUI the two strikes could permanently suspend your CDL. You can always request a blood test and the officer has to reasonably accommodate you (give you a phone book and phone) or the case could be thrown out. It also lays the groundwork for refusing because of distrust of the machine not fear of guilt. Information provided by Daytona Beach DUI attorney Kevin J. Pitts.

Florida DUI Daytona Beach DUI Lawyer Phase 3 DUI Arrest

As a Daytona Beach DUI lawyer and former Daytona Beach Assistant State Attorney Kevin Pitts has handled hundreds of Volusia County DUI cases. A DUI case has four major phases and many smaller issues that can occur during the phases. The arrest for DUI is the third phase of a DUI case. If the officer does not have sufficient evidence to arrest you the breath test or refusal is going to be admitted into evidence. The case will be thrown out because the officer did not have enough evidence to arrest you and cannot accumulate additional evidence after the fact or after the unlawful arrest. If the officer does not have probable cause the state could not prove the case beyond a reasonable doubt. The DUI arrest is based on the optional field sobriety exercises and other observations by the officer during initial contact. Your driving pattern will also be considered in the decision to arrest. If the cop thinks they have enough you cannot do much at this point. Arrest is much different than conviction. An arrest will likely cause a few hours of discomfort and a conviction will be a thorn in the side for months. All police policies and procedures that I'm aware of require arrest if the officer has probable cause that you are impaired while driving. Do not beg for forgiveness and promise that you will never drink and drive again. What you say is documented and might be recorded by hidden cameras in the police car. They do not have to tell  you they are recording because you legally do not have a reasonable expectation of privacy on the side of the road or in the back of a police car. They do not have to read you Miranda rights and the statements in the back of the police car are usually considered spontaneous and are admissible in court. Miranda rights are only necessary for interrogation during custodial arrest. Basic booking information is not interrogation and roadside questioning is not custodial. Most experienced police officers will not interrogate you in the back of the car without mirandizing you. They are more than happy to let you talk, apologize and beg for forgiveness. The thought is only guilty people apologize and ask for forgiveness. The statements come in as an admission by a party opponent hearsay exception even if you do not take the stand. Be polite but firm with the officer. You do not want to look rude because the recording will likely be played for the jury. I you look like a jerk the jury will not feel bad about convicting you. If you are polite it might be a little bit harder for the jury to hang you. The only thing you are required to do pre-arrest is provide your license, insurance and registration. The police officer is not your friend. If he/she is asking you questions they are not there to help you. If they believe you are impaired they will not cut you a break. Use your manners but do not volunteer any information that is not required. The arrest is only the beginning of the actual case. You will have an opportunity to defend yourself with pre-trial motions and in front of a jury. The back seat of a police car is not the place to try your  case. Your audience’s job is to arrests people and they will usually error on the side of arrest. The fourth and final DUI DUI phase will be published when complete. Information provided by Daytona Beach DUI attorney Kevin J. Pitts.

Florida DUI Daytona Beach DUI Attorney Phase 2 Detention

As a Daytona Beach DUI lawyer and former Volusia County DUI prosecutor Kevin Pitts has handled hundreds of Central Florida DUIs. I previously posted about the stop the detention is the second phase. The police need three indicators of impairment to request field sobriety exercises based upon the Origi v. State. standard. Indicators that frequently appear in police reports are odor of alcohol, blood shot eyes, glassy/glossy eyes, fumbling or fidgeting with paperwork, thick tongued and slurred speech. Driving can be considered an additional indicator in some cases. Police almost always say they smell alcohol and odor is difficult to rebut because it is not preserved.

Make sure your documents are organized. You might want to get your license, registration and insurance card in a separate wallet and place it in a readily accessible area while driving. The officers will time you, watch if you pass over a document and if you give them an expired version that also considered an indicator of impairment. If you are unorganized you could easily be 1/3 of the way to being asked to perform field sobriety exercises. Organize your documents, talk as little as possible and refuse the voluntary field sobriety exercises. Why should you refuse the voluntary field sobriety exercises? The standard exercises are the walk and turn, one leg stand and horizontal gaze nystagmus (HGN). The finger to nose is often added. The HGN is rarely admissible because the officer has to be a Drug Recognition Expert (DRE). Some case law says that training plus hundreds or thousands of DUI investigations might be enough to testify about the HGN.

The three exercises are designed to observe indicators of impairment. You can show 2 indicators on each exercise before the cop can consider the performance of the exercise sufficient to arrest you. That sounds easy but when you hear what an indicator is you will understand why the optional exercises should not be performed. This is especially true on cases without video. On the finger to nose if you touch your nose with the pad of your finger you have demonstrated an indicator of impairment. If you do not immediately return your hand to your side after touching your nose it is considered another indicator of impairment. That would be a failure and you would be 1/3 of the way to being arrested. On the walk and turn if you start before the officer is completely done and raise your hands more than six inches for balance you fail. On the one leg stand if you sway and put your foot down or raise your hands over six inches for balance you have failed all three exercises. Making it through without stumbling is not enough to avoid arrest. You must follow every tiny detail to prevent arrest. The third phase will be soon. Information provided by Daytona Beach DUI attorney Kevin Pitts.

Florida DUI Phases 1 Daytona Beach DUI Attorney

A Florida DUI case has four major phases. The first phase is the traffic stop. In Florida DUI cases traffic stops are a heavily litigated area. Suppressing the traffic stop is like cutting the head off of the DUI case. It will immediately die if the stop is suppressed. If the breath test or refusal is suppressed the case will be wounded but can still survive. Preventable stops like window tint, modified exhaust, speeding, tag lights, expired tags and head lights are often difficult to suppress. Driving pattern, weaving, failure to maintain a single lane, improper u-turn and careless driving can be challenged in many cases if certain requirements are not met. Florida DUI crash cases can be difficult for the state as a result of the accident report privilege. The accident report privilege does not exist in leaving the scene cases. A Florida DUI property damage case is enhanced in Florida and has additional penalties. The stop is commonly challenged but not all stops are appropriate for a motion to suppress. If a motion to suppress is not appropriate for the stop many other areas can be challenged. The information was provided by Daytona Beach DUI attorney Kevin J. Pitts. Kevin J. Pitts has handled hundreds of DUI cases as a Daytona Beach prosecutor and Daytona Beach DUI lawyer. The second phase of a DUI case is the detention and field sobriety exercises. The second DUI phase will be posted in the near future.

What Is Reasonable Suspicion In Florida?

If you have been pulled over for a traffic stop detained by police or asked to perform field sobriety exercises you might be curios what the legal standard is for the police action. The standard to pull someone over for a traffic stop, to detain an individual or to request field sobriety exercises is reasonable suspicion. A police officer's bare suspicion of criminal activity is insufficient to justify an investigatory, or Terry, stop. State v. Walker, App. 2 Dist., 991 So.2d 928 (2008), rehearing denied. A mere hunch that criminal activity may be occurring is insufficient to constitute reasonable suspicion to justify stopping an individual. Berry v. State, App. 1 Dist., 973 So.2d 1255 (2008). Mere suspicion is not enough to support a stop. Newkirk v. State, App. 2 Dist., 964 So.2d 861 (2007). A police officer's founded suspicion for a valid investigatory stop cannot be based upon a mere hunch or guess. Williams v. State, App. 5 Dist., 910 So.2d 368 (2005). For more information go to Daytona Beach DUI lawyer Seminole County DUI attorney Kevin J. Pitts. 

New Florida Reckless Driving Law Daytona Beach Seminole County

A recent utilization of a 2009 Florida Statute by DHSMV is resulting in individuals who plea to reckless driving in Florida to be required after the resolution of the case to complete a four hour driving class. The class usually runs around $30 and can be completed online. It is not the type of thing that would force clients to trial but was not enforced for over a year and caught many clients, defense attorneys and prosecutors by surprise. Language about potentially suspending the privilege to drive caused concern. The statute was enacted in October of 2009. A few months ago clients started getting letters from DHSMV to complete the class or their license would be suspended. The surprising part of the additional class is that all parties agreed to a resolution of the case. The additional class was not part of the resolution. It is what is known as a collateral consequence. This recently was observed in Daytona Beach reckless driving cases that are DUI reductions. The reductions are commonly referred  to as a wet reckless. It is also a requirement for dry reckless cases. It is a Florida statute and will likely apply to Seminole County reckless driving cases, Orlando reckless driving cases, Volusia County reckless driving cases and all other Florida reckless driving cases. DHSMV is the cause of many of the collateral consequences of entering a plea such as being designated as a habitual traffic offender (HTO), DUI suspensions (if you plea to a first offense DUI and DHSMV finds out it is a second within 5 years your license will be suspended for 5 years not the 6 months or a year that was discussed in court), point suspensions and most recently an additional class requirement for reckless driving, racing on a highway, not stopping for a school bus, not stopping at a steady red indicator and failure to observe a traffic control device.

The class requirement comes from Florida Statute 322.0261(4). "The department shall identify any operator convicted of, or who pleaded nolo contendere to, a violation of s. 316.074(1), s. 316.075(1)(c)1., s. 316.172, s. 316.191, or s. 316.192 and shall require that operator, in addition to other applicable penalties, to attend a department-approved driver improvement course in order to maintain driving privileges. If the operator fails to complete the course within 90 days after receiving notice from the department, the operator's driver license shall be canceled by the department until the course is successfully completed." It appears to apply to violation of a traffic control device, steady red indicators, stopping for a school bus, racing on the highway and reckless driving. While a four hour basic driver improvement class that can be completed online is not an extreme measure it was not previously contemplated in many cases that were resolved. If you are charged with reckless driving and plan on entering a plea be prepared for the additional class requirement. If you have been arrested for a Daytona Beach reckless driving or Seminole County reckless driving contact Daytona Beach DUI lawyer Seminole County reckless driving attorney Kevin J. Pitts

Daytona Beach DUI Attorney Seminole County DUI Attorney Kevin J. Pitts

Daytona Beach DUI Attorney Seminole County DUI Attorney Kevin J. Pitts