Author Archives: daytonabeachduiattorney

About daytonabeachduiattorney

Daytona Beach DUI attorney Kevin J. Pitts handled over 5,000 cases as a DUI prosecutor and defense attorney. Mr. Pitts has successfully completed the 16 hour breath test operator course in Seminole County giving him valuable insight into the Intoxilyzer 8000. If you are fighting a breath test you should have a Volusia County DUI lawyer that not only has been tested on the Intoxilyzer 8000 but who also knows how to operate it. The Law Offices of Kevin J. Pitts has offices in Daytona Beach and Sanford.

Daytona Beach DUI Attorney

If you are accused of a DUI in Daytona Beach or the surrounding areas you need a Daytona Beach DUI Attorney. Attorney Kevin J. Pitts is a former Daytona Beach DUI prosecutor with experience prosecuting and defending cases in Volusia County. As former prosecutor Mr. Pitts not only understand how to defend Daytona Beach DUI cases but also understand how they will be prosecuted. This is critical in obtaining the best possible result in your Daytona Beach DUI case. Call 386-451-5112 to set up a free consultation with attorney Kevin J. Pitts.


Flagler County Criminal Defense Attorney

If you are accused of a crime in Palm Coast, Bunnell or the surrounding areas you need a Flagler County criminal defense attorney. Attorney Kevin J. Pitts and Kelly Johnson are former prosecutors with experience prosecuting and defending cases in Florida. As former prosecutors our attorneys not only understand how to defend cases but also understand how they will be prosecuted. This is critical in obtaining the best possible result in your Flagler County criminal defense case. Call 386-451-5112 to set up a free consultation.


Lake County Criminal Defense Attorney

A new video of the Lake County courthouse in Tavares, Florida. If you are accused of a crime in Lake County go to Lake County Criminal Defense Lawyer to set up a free consultation.  We handle all criminal defense, DUI, misdemeanor, felony and traffic ticket cases in Lake County and the surrounding area.


New At The Law Offices of Kevin J. Pitts Sanford Office

2 Anatolian Shepherd puppies by the name of Turk and Ana have joined the family of Attorney Kevin J. Pitts. These pups will occasionally be at the Sanford-Lake Mary office. They come from just outside Kevin’s hometown in Missouri, and are from working dog families, but their ancestry hails back to the Country of Turkey.

Anatolian Shepherds are bred to be flock guardians known for their size, strength, speed and guarding ability. Only approximately 3000 Anatolian Shepherds are registered in the United States. Females weigh 90-120lbs and males weigh 110-150lbs. They defend sheep from wolves, jackals and bears in Turkey and are currently being used in South Africa to protect livestock from cheetahs.

Stop by DUI attorney Kevin’s office in Sanford-Lake Mary and come pet these pups before they get bigger than you! Bring your traffic ticket, criminal traffic or criminal defense case and we can help you out with that while you play with a puppy! Payment plans accepted and now enforced by puppies. 

Anatolian Shepherd


Collateral Attack On A Suspended License Case

One of the methods to avoid jail, habitual traffic offender (HTO) or a felony conviction on a driving on a suspended license case is to collaterally attack the prior convictions. This is can be successful but also has limitations. A collateral attack is not a legal defense. It is based on the principle that if you get it together and come to court with a valid license it is rare that the state would convict you of a suspended license. A suspended license conviction could cause an additional suspension on your license and put you back in the system. So what is a collateral attack? A collateral attack usually comes into play for multiple offenders. Generally the state will offer a better deal if you can come to court with a valid license. If you forgot to pay a ticket this isn’t a big deal. It becomes impossible when you are designated as a habitual traffic offender. When you are trying to undo a habitual traffic offender designation collateral attack is the remedy. What a collateral attack does is attempts to overturn prior convictions. This is easier with non-criminal traffic infractions. It is possible on criminal infractions but can be an uphill battle without a legal basis. Collateral attack is not available on a first time suspended license case because you would not have a prior to attempt to overturn. It is typically used when someone gets arrested for driving on a suspended license as a habitual traffic offender. So what happens when the prior case is opened up? Generally the goal is to amend the suspended license without knowledge to either a withhold of adjudication or to a fail to display a valid driver’s license. Simply paying a non-criminal suspended license ticket can make you a habitual offender. This is the result of a strange rule in Florida. In Florida if you pay a ticket without a hearing you automatically get adjudicated guilty. This causes that non-criminal suspended license case to potentially suspend your license for 5 years and potentially set you up for a felony. An experienced attorney can make all the difference in a suspended license case. An understanding of the law can help you avoid jail and the collateral consequences of a suspended license case. We handle suspended license cases in Volusia County, Seminole County, Orlando, Brevard County, Osceola County, Palm Beach County, Flagler County, St. Johns County and Lake County. If you are accused of driving on a suspended license contact attorney Kevin J. Pitts. Mr. Pitts handles first offense suspended license cases and repeat offender cases. Mr. Pitts handles cases in Daytona Beach, DeLand, Seminole County and Flagler County. Mr. Pitts works with attorneys in the above listed counties and can get you in touch with a lawyer in those counties. Do not handle a suspended license case without an attorney. A wrong step could result in a 5 year license suspension. Your driver’s license is too important. Click the link above for the county closest to you and call today for a free consultation.


Brevard County DUI Arrests

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Brevard County DUI arrests have been declining for the last 7 years. If you are arrested for a DUI in Brevard County you will not be able to get out of jail immediately. Florida law requires the jail to hold you until 8 hours have passed, your breath alcohol content is below .05% or your normal faculties are no longer impaired. When someone is arrested someone needs to get them out of jail. You have two options if they are not release on recognizance. You can either post a cash bond or use a Brevard County Bail Bondsman. Once they are out of jail the next step is the administrative review and hiring an attorney. As of 7/1/2013 a driver accused of DUI now has 3 options in dealing with the administrative suspension of their driver’s license. They can do nothing and accept the suspension, they can fight the suspension or for first time DUI arrests you can do a waiver and immediately get a hardship. Each of the options has advantages and disadvantages. A Brevard County license attorney can help you with choosing the option that is best for you. A DUI case is serious and you should consult with a Brevard County DUI attorney to avoid making costly mistakes that could result in jail. Time is critical because after 10 days valuable rights will be waived and your license will be automatically suspended resulting in 30 days without driving on a breath test and 90 days without driving on a DUI refusal. If proper steps are taken you can drive every day after a DUI arrest.


What Is A 30 Day Motion?

When someone is arrested, the State typically needs to decide what kind of crime to charge or if they want to file at all. Typically on arrest, the officer writes in a bond and the arrestee can bond out… But sometimes the financial circumstances don’t permit the person to bond out, or the charge is a ‘No Bond’ charge. In these cases, the State of Florida decided that the limit to sit in jail without being charged is 33 days. If the State doesn’t charge you, on the 30th day the Court will notice the State and Order you to be released on your own recognizance (ROR) on the 33rd day after arrest. The one exception is if the State can show good cause. Good cause is generally if the State is trying to obtain evidence and they have a valid excuse for not filing. This would be if something about the case was so complex that the State could not get it together in 30 days. That buys the State an additional 10 days. No matter what the State must file charges within 40 days or you must be released ROR even if you have a bond. If someone you know is in jail contact our Orlando violation of probation attorney’s today.


FLORIDA DRIVING WHILE LICENSE SUSPENDED WITH KNOWLEDGE- GETTING YOUR DRIVERS LICENSE BACK, AND NOT GOING TO JAIL OR GETTING YOUR LICENSE REVOKED FOR FIVE YEARS. BY: HEIKO MOENCKMEIER, ESQ.

Driving while license suspended with knowledge- 2nd degree misdemeanor, 1st degree misdemeanor, or third degree felony in Florida. 

You got pulled over… And your license is suspended?  And you got arrested… Because the officer says you knew.  Image

An Orlando Driving while license suspended with knowledge is an enhanceable offense, meaning if you are previously convicted (either by adjudication or withhold), the next Driving while license suspended with knowledge can be enhanced.  The first is a second degree misdemeanor (up to 60 days in jail, 6 months on probation and a fine of up to $500.00). On your 2nd, it can become a first degree misdemeanor (up to 365 days in jail, 12 months on probation and a fine of up to $1,000.00), and your third or fourth can be a third degree felony (up to five years in prison, five years on probation and a fine of up to $5,000.00), and so on and so forth.  In order to be charged as a felony, you will have first been deemed a Habitual Traffic Offender by the Florida Department of Motor Vehicles.  

There are numerous issues that determined you getting to the point of having your license suspended or revoked.  These issues include delinquent child support, paying all your tickets at once, not paying your insurance, or the insurance company cancelled your insurance without your knowledge, etc.  There are also numerous defenses, including Motions to Dismiss, Motions to Suppress your Identity, and Motions to Vacate or Change to a Withhold the underlying cases that caused your license to be revoked.  Let experienced Attorney Heiko Moenckmeier look at your driving record and case, and he may be able to get you your drivers license back.  Attorney Heiko Moenckmeier has handled more than a thousand drivers license cases, and has learned the ins and outs of the Department of Motor Vehicles Rules and Laws.  

The Public Defender’s Office typically does not allow their attorneys to fight civil infractions alone, which can be the basis of your suspension.  

Call Attorney Heiko Moenckmeier today at 407-504-1384 for help in reducing the charges, reducing the penalties, getting your drivers license back, and fighting for you. 

If you are arrested for a Kissimmee Driving While License Suspended, or you receive notice from the Department of Motor Vehicles that your license will be revoked, you need to contact an experienced Driving While License Suspended with Knowledge Traffic Attorney Heiko Moenckmeier, Esq., TODAY.  Call now for a free consultation at 407-504-1384. 

This article is meant for entertainment and informational use only.  The decision to hire an attorney should not be based solely on advertisements.  You have the right to question an attorneys experience.  Each case has its own individual nuances that can affect the outcome of the case.


-Marijuana- Possession of Cannabis, Sale and Delivery of Cannabis- Still Serious, Still a Crime in Florida by: Heiko G. Moenckmeier, Esq.

Colorado legalized marijuana for all…  But that has no bearing on Florida, our laws, or the police here.  John Morgan is trying to get medical marijuana legalized in Florida, and that seems to be going well, but the vote is not until November, 2014, and even then, up for legal challenges and not sure how it’s going to shake out. 

Our Sunshine State is quite far behind, so don’t try to use ‘it’s medical marijuana’as a legitimate affirmative defense here in Florida!  (Also, don’t tell them how you got it here, as chances are, in fact, you violated numerous federal and state laws along the way).  Florida state law criminalizes possession of cannabis under twenty grams as a first degree misdemeanor punishable by up to a year in jail or a year on probation, or some combination of both and a $1000.00 fine, and if adjudicated, a driver’s license suspension of two years (which is your most pressing concern, and comes as a punishment to all violations of Florida Statutes 893.13 adjudications, such as Xanax, Cocaine, etc). Image

Orlando Possession of Cannabis Over 20 Grams and Orlando Sale and/or Delivery of Cannabis are each felonies of the third degree, punishable by up to five years in prison, five years on probation, and a fine of up to $5,000.00, in addition to a two year driver’s license suspension if adjudicated guilty.  But even if you are arrested for a felony, an experienced criminal defense attorney (like myself) can be very useful, and can fight the State into getting the charges dismissed or reduced.  

The important thing is THERE IS HOPE.  There are many legal issues that may be identified by an experienced criminal defense attorney that could allow the evidence to be excluded by the Court and the case could be dismissed.  Was the officer’s initial stop legal?  What was the length of time of the stop? Did he have probable cause to search? Who else was in the car? Did the officer just knock on the door of the house and say ‘I heard y’all were selling heroin, if its just personal use pot, I’ll give you a ticket and you won’t go to jail’?  Did they have a warrant? And the beat goes on and on.  There are many relevant legal issues to explore on a drug case that an experienced criminal defense attorney can identify and use to fight a person’s case.  In addition, some Florida Counties offer Pretrial Diversion, a program run by the State or County that allows a first time offender to go through a serious of ‘donations,’community service, and random drug testing, and have the case dropped.  It is important for an attorney to review your case, even if you have never been arrested, as the experienced criminal defense lawyer can analyze the legal issues and oftentimes get your case dismissed to save you time and money. 

Let me fight for YOU!  It’s too important not to.  Credit Cards and payment plans and as always, straight cash accepted.– Call Experienced Criminal Defense Attorney Heiko G. Moenckmeier, Esq. at (407) 504-1384 for your Free Consultation TODAY. 

This article is meant for entertainment and informational use only.  The decision to hire an attorney should not be based solely on advertisements.  You have the right to question an attorneys experience.  Each case has its own individual nuances that can affect the outcome of the case.


What You Need To Know About A Daytona Beach No Valid Motorcycle Endorsement

No valid motorcycle endorsement citations are issued throughout Florida. We see a surge during Daytona Beach Bike Week and Biketoberfest. No valid motorcycle endorsement cases are not limited to Daytona Beach but when you get a large number of people and bikes for sale they occur more often. Florida requires a motorcycle endorsement to operate a motorcycle. The steps to get a motorcycle license vary from state to state but nearly all states require some type of license or endorsement. When you drive without a valid motorcycle endorsement in Daytona Beach you will typically be issued a citation. The police officer can make an arrest but usually they will issue a citation and a notice to appear in court in about a month. This might make the violation appear to be just a regular traffic ticket but these cases are a crime in Florida punishable by up to 60 days in jail, 6 months of probation, $500 fine and court costs. We do not typically see jail or probation on these cases but if you do not appear in court it is common to have a warrant or capias issued. The judge can also issue a D-6 suspension of your license instead of having you arrested. If you hire an attorney they can waive your appearance and typically the citation will be amended to a non-criminal traffic infraction or thrown out once the driver obtains the proper endorsement. An attorney can get you a few months to get the endorsement on your license. Even if you decide to admit to the citation a lawyer can keep you out of court with a plea and waiver or plea in absentia. These cases are not the most serious charge that a prosecutor will see but going to court can cost you time and money. This is especially true if you are visiting Daytona when you get the citation.no valid motorcycle endorsement case is that; 1) It is a crime with a mandatory appearance, 2) Missing court can result in your license being suspended or a warrant for your arrest, 3) These cases are treated like a fix it ticket and the prosecutor will reduce or occasionally throw out the case when you get the endorsement, 4) An attorney can keep you out of court for the entire process unless you decide you want to go to trial. If you are accused of a Daytona Beach no valid motorcycle endorsement case contact attorney Kevin J. Pitts. Mr. Pitts is a former Daytona Beach prosecutor and a Daytona Beach no valid motorcycle endorsement attorney.