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)

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.

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.