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.

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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.