See on Scoop.it – Daytona Beach DUI Attorney
Daytona Beach DUI Attorney, Seminole County Criminal Defense Lawyer, Kevin J. Pitts. Offices in Daytona Beach and Sanford handling DUI, Criminal defense and traffic cases.
Daytona Beach DUI Attorney‘s insight:
If you are accused of a DUI in Daytona Beach or the surrounding areas you need an experienced attorney who focuses on DUI defense. Daytona Beach DUI attorney Kevin J. Pitts has handled hundreds of DUI cases from start to finish. Mr. Pitts is not only a DUI defense attorney but is also a former DUI prosecutor. I you are arrested in Volusia County, Seminole County, Flagler County, Orange County, Brevard County, Lake County or Osceola County contact Daytona Beach DUI attorney Kevin J. Pitts to set up a free consultation. Offices in Daytona Beach, Sanford and Orlando.
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This varies a little bit from county to county but generally the case can be resolved with minimal court appearances. In a misdemeanor case all appearances can be waved with the exception of jury selection or trial. Most cases are resolved without a trial in county court (misdemeanor court). In circuit court (felony court) all appearances can be waived except for jury selection, trial or a plea to a felony. If the case is reduced to a misdemeanor a plea in absentia or plea and waiver can be used to close the case. Most suppression motions can be argued without a client but occasionally it is helpful to have a client testify. Retaining a private attorney can save you time and money by avoiding trips back and forth from your home state. This also helps you negotiate from a position of strength. Attorney Kevin J. Pitts is a former Daytona Beach DUI prosecutor that now defends clients in Volusia County, Flagler County, Seminole County, Brevard County, Orange County and Lake County. Daytona Beach Bike Week DUI cases are a common occurrence. Vacation arrests occur throughout Florida but are most common in Volusia County, Brevard County, Orange County and Flagler County as a result of the tourist destinations and beaches. If you are accused of a Daytona Beach Bike Week DUI or other vacation arrest contact attorney Kevin J. Pitts to set up a free consultation. Call 386-451-5112 or 407-883-6853 today.
This does not apply to criminal traffic infractions. Florida statute 318.14(2) can be used in defending traffic infractions with a mandatory appearance. 318.14(2) states that “Except as provided in ss. 316.1001(2) and 316.0083, any person cited for a violation requiring a mandatory hearing listed in s. 318.19 or any other criminal traffic violation listed in chapter 316 must sign and accept a citation indicating a promise to appear. The officer may indicate on the traffic citation the time and location of the scheduled hearing and must indicate the applicable civil penalty established in s. 318.18. For all other infractions under this section, except for infractions under s. 316.1001, the officer must certify by electronic, electronic facsimile, or written signature that the citation was delivered to the person cited. This certification is prima facie evidence that the person cited was served with the citation.” If you are accused of a traffic infraction contact Daytona Beach DUI attorney Kevin J. Pitts for a free consultation.
As of January 1, 2014 the rules for commercial drivers with a ticket have changed in Florida. Withholding adjudication is no longer allowed. If adjudication is withheld DHSMV will send the case back to the clerk for correction. They claim this is to comply with federal law. This makes defending commercial driver tickets more complicated. Many counties routinely withhold adjudication. This avoids points and insurance increase for Florida drivers. Now the citation has to be contested because the only way to avoid the consequences of the ticket is to either beat it or get it amended to something harmless. Attorney Kevin J. Pitts handles traffic tickets in Daytona Beach, New Smyrna Beach, DeLand, Sanford, Altamonte Springs, Winter Springs, Seminole County, Volusia County, Flagler County. Daytona Beach DUI lawyer Kevin J. Pitts focuses his practice on DUI, traffic and criminal defense.
Flagler County DUI Arrests Hit 10 Year High
DUI arrests in Flagler County hit a 10 year high in 2012. DUI arrests in Florida (17% decrease), Volusia County (41% decrease) and Seminole County (34% decrease) have been dropping over the last 5 years. If you are accused of driving under the influence in Flagler County contact Flagler County DUI lawyer Kevin J. Pitts at 386-451-5112 to set up a free consultation.
When a prosecutor has a weak case with serious facts they will often try to entice the accused with a probation offer. The prosecutor might want to get someone on probation because they think it is appropriate but they can also have ulterior motives. If the prosecutor can get you on probation then they no longer have to prove a violation beyond a reasonable doubt. You are also not entitled to a jury trial on a violation. If your on felony probation a violation will add points to your score sheet increasing the guideline sentence and the prosecutor can disregard the weakness of the case on the front end because once you plea you have admitted to the charge. This does not mean probation is a bad deal when the state can carry burden. It is obviously better in most cases than being in jail or prison. Although occasionally a client will prefer going to jail or prison to get supervision over with most clients prefer probation. Probation is not easy to comply with and you cannot afford a single slip up if you have a prosecutor that is looking to lock you up. Attorney Kevin J. Pitts is a former prosecutor and understands the games the State Attorney’s office plays. If you are accused of a violation of probation in Volusia County go to Daytona Beach VOP attorney. Attorney Kevin J. Pitts also handles Seminole County probation violation cases, Flagler County violation of probation cases and Orlando violation of probation cases. If you are accused of violation your probation in Central Florida contact criminal defense attorney Kevin J. Pitts at 386-451-5112 or 407-268-3688 to set up a free initial consultation. It is not uncommon for someone accused of violating probation to be held without bond. Mr. Pitts can make sure your friend or family member gets the first available bond hearing to get them out of jail as soon as possible.
Lake County has a reputation for being tough on those accused of a crime. If you are accused of a Lake County criminal traffic offense you need a Lake County criminal defense attorney. In 2012 Lake County had 233 leaving the scene of a crash cases. Of those 233 cases 159 of them were adjudicated guilty of Lake County leaving the scene of an accident. An adjudication of guilt means a criminal record for life. Lake County had 84 reckless driving cases in 2012 and 36 of the reckless driving cases resulted in an adjudication of guilt for a Lake County reckless driving. Lake County had 934 DUI arrests. Of those 934 arrests 804 resulted in a guilty verdict for a Lake County DUI. Another common criminal traffic offense in Lake County is driving on a suspended license. In 2012 Lake County had 2,727 criminal suspended license cases or suspended license with knowledge cases. Of those cases 1,749 resulted in a guilty disposition for Lake County driving on a suspended license. Lake County had 851 no valid driver’s license cases. Of those 851 cases 540 resulted in a guilty verdict. Lake County also had 426 improper, expired or no valid tag cases. Of those 426 cases only 150 resulted in a guilty verdict. Just because you have been accused of a crime does not mean you will be convicted. The state must be able to prove their case beyond a reasonable doubt to obtain a conviction, Having an experienced criminal defense attorney on your side can help increase the odds that you will get out of Tavares without being convicted of a crime and make sure your rights are protected. Attorney Kevin J. Pitts handles criminal traffic offenses throughout Central Florida.
I occasionally here potential clients overlook the severity of a marijuana case. I here things like “they will probably legalize it soon”. That might be true but that does not mean they will legalize all marijuana possession. It also doesn’t change the federal government’s position on drug charges. Some of the collateral consequences of a marijuana charge come from Florida such as a 2 year driver’s license suspension if adjudicated guilty. Other collateral consequences come from the federal government such as blocking federal student loans. Possession of more than 30 grams (not 20) or two marijuana possession cases regardless of the amount can cause serious immigration issues that can result in deportation. If marijuana is legalized for medical purposes that will not be much help for those already convicted. People in Florida go to prison all the time for possessing drugs that have a legal medical purpose. Legalization of marijuana will provide security from future prosecution for those with a valid prescription but that might not be helpful for many recreational smokers. Marijuana attorney Kevin J. Pitts handles Daytona Beach marijuana cases, DeLand marijuana cases, Seminole County marijuana cases, Flagler County marijuana cases and Orlando marijuana cases. In Florida possession of marijuana under 20 grams is a first degree misdemeanor punishable by a maximum of 12 months of probation, 1 year of county jail or any combination of the two and a $1,000 fine. If adjudicated guilty DHSMV will suspend your driver’s license for 2 years. Federal aid including student aid can also be cut off if convicted of simple possession of marijuana. Florida’s laws on marijuana might change in the near future but currently Florida has some of the toughest marijuana laws in the country. Even if Florida legalizes it that would not change the federal government’s war on drugs. It will only make it less likely that those with a valid prescription would have it waged against them. We will also likely see an expansion of marijuana DUI laws if Florida legalizes it. A prior marijuana could increase the likelihood of a DUI investigation during traffic stops if legal limits for impairment are established. Without a legal limit for impairment marijuana DUI cases are currently difficult for prosecutors. If you are accused of possessing, selling, cultivating, distributing or trafficking in marijuana contact attorney Kevin J. Pitts for a free consultation.
In 2012 approximately 6,177 of the 28,145 speeding tickets went in front of a judge or hearing officer in Osceola County. 485 speeding tickets were dismissed based on the officer not showing up, not listing the speed detection device and serial number on the citation or various other mistakes or defects that can result in dismissal. Of the 5,692 citations able to survive dismissal only 4 speeding ticket that went to hearing resulted in a not guilty disposition. Most drivers are able to avoid points in Osceola County by retaining a traffic attorney and requesting a hearing. For more information on speeding tickets in Kissimmee or the surrounding area contact Osceola County traffic ticket attorney Kevin J. Pitts.
In 2012 approximately 338 of the 2,760 speeding tickets went in front of a judge or hearing officer in Flagler County. 56 speeding tickets were dismissed based on the officer not showing up, not listing the speed detection device and serial number on the citation or various other mistakes or defects that can result in dismissal. Of the 282 citations able to survive dismissal only 1 speeding ticket that went to hearing resulted in a not guilty at hearing. Most drivers are able to avoid points in Flagler County by retaining a traffic attorney and requesting a hearing. For more information on speeding tickets in Flagler County contact Daytona Beach traffic ticket attorney Kevin J. Pitts.