We occasionally see DUI cases in Daytona Beach and the surrounding area with a breath test results under .08%. What is a greater surprise to the individual is that they are not released from jail and are charged with DUI. It is one thing when drugs are suspected and the individual tests positive for drugs or refuses the urine test. This does not mean that the individual is impaired but it does give the State something additional to pile on in an attempt to obtain a conviction. What I am focusing on in this article is the Daytona Beach DUI case under .08% with negative urine results or no urine requested. It is important that you do not underestimate the situation if you have a breath test under .08%. You still need to talk to an experienced Daytona Beach DUI attorney. The state might still try to get a DUI conviction or at least a wet reckless. Call attorney Kevin J. Pitts at 386-451-5112 to set up a free consultation.
Daytona Beach DUI Attorney Kevin J. Pitts
Florida has presumptions in place. When you read these presumptions it can actually be a little scary. If your breath or blood results are over .08% you are presumed impaired but result can be rebutted by other evidence. Most drivers are familiar with that rule. What most people do not know is that between .05% and .079% percent you are not presumed sober or impaired. It is good to be under .08% but under Florida law it really just means that the jury is supposed to look at the evidence and decide if you are guilty of DUI or not. What is even crazier is at .00% to .049% you are presumed to not be impaired. That is good but then comes the crazy part. The law in Florida actually says the presumption of sobriety can be rebutted. According to Florida statute if the prosecutor could convince a jury by other evidence that you are impaired by alcohol at .00% then you could theoretically be convicted of DUI. Now the reality is if you are under .08% without drugs in your system or urine refusal you have a strong case. If you have under a .05% without drugs in your system or urine refusal have an extremely strong case. If you read the statute it is theoretically possible for anybody to get a DUI but the reality is most of the state’s resources are focused on cases over .08%.
Unfortunately in Florida no breath test is low enough to force the state to automatically drop the charges. It is almost unheard of for cases under .05 to get very far. We do occasionally see overly ambitious prosecutors posturing for trial with breath tests under .08% but usually the case is resolved with a dramatic reduction or dropped before jury selection. This can be hard on clients that are visiting Daytona and get arrested on vacation. Pushing the case to trial usually requires an additional trip to Florida to get the best possible result.
(a) If there was at that time a blood-alcohol level or breath-alcohol level of 0.05 or less, it is presumed that the person was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
(b) If there was at that time a blood-alcohol level or breath-alcohol level in excess of 0.05 but less than 0.08, that fact does not give rise to any presumption that the person was or was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired but may be considered with other competent evidence in determining whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
(c) If there was at that time a blood-alcohol level or breath-alcohol level of 0.08 or higher, that fact is prima facie evidence that the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired. Moreover, such person who has a blood-alcohol level or breath-alcohol level of 0.08 or higher is guilty of driving, or being in actual physical control of, a motor vehicle, with an unlawful blood-alcohol level or breath-alcohol level.
When a child is unexpectedly arrested for an alleged crime in Lake Mary, Longwood, Winter Springs, Altamonte Springs, Oviedo, Casselberry, Sanford or the surrounding areas in Seminole County it can be scary. Your son or daughter has their entire life in front of them and you do not want them to be dragged down by a criminal record. An experienced Seminole County juvenile defense attorney can help mitigate the damage of an arrest. Your child has valuable rights and potential defenses. Seminole County also has diversion programs available to avoid a criminal record. A skilled juvenile attorney has multiple options to attempt to avoid a criminal record. If all else fails negotiation can be used to make sure that the charge can be expunged or sealed in Seminole County. The prosecutor makes the charging decision but when mitigation is presented it is not uncommon for a prosecutor to amend a charge to avoid destroying a child’s future.
Attorney Kevin J. Pitts and Kelly Johnson both have experience prosecuting and defending juvenile cases. Attorney Kevin J. Pitts started his career as a juvenile prosecutor in Daytona Beach. He moved on to handling DUI, domestic violence and other misdemeanor cases before going into private practice. Kelly Johnson is a former Seminole County prosecutor that spent time in the juvenile division before handling DUI, domestic violence and misdemeanor cases. After working for the State Attorney’s Office she went out into private practice. Our attorneys have offices in Sanford, Mount Dora and Daytona Beach. Call 407-883-6853 to talk to an experienced juvenile and criminal defense attorney.
If you have an injunction hearing in Lake County you need to have a Lake County injunction attorney. If you lose an injunction hearing the ramifications can be permanent. Many injunction petitions are actually a power play by a wife/girlfriend or husband/boyfriend to get an upper hand in a break up or divorce. If the wrong person hangs an injunction on you it will become a nightmare. Occasionally an ex will not be satisfied by getting and injunction on your record and revoking your right to have firearms including hunting rifles. Thats when the nightmare begins. A simple call to the police and a sworn affidavit can result in your arrest for violation an injunction. Do not try to handle an injunction hearing on your own. The initial consultation is always free. Call (352) 735-4342 to set up a free consultation. Offices in Mount Dora, Sanford and Daytona Beach.
In Florida Cocaine is considered a Schedule 2 controlled substance. Under Section 893.13(6)(a), Florida Statutes, a person found to be in “actual” or “constructive possession” of cocaine commits a third degree felony, punishable by up to five (5) years in prison or five years of probation, and up to a $5,000 fine. A conviction for cocaine possession will furthermore lead to a one-year Florida driver’s license suspension.
Daytona Beach Cocaine Trafficking Minimum Mandatory Penalties.
- 28 grams to 200 grams = 3 year minimum mandatory sentence.
- 200 grams to 400 grams = 7 year minimum mandatory sentence.
- 400 grams to 150 kilograms = 15 year minimum mandatory sentence.
- 150+ kilograms = life sentence.
If you are accused of Daytona Beach Cocaine possession or Daytona Beach Cocaine trafficking you have defenses. Common defenses include illegal stop, illegal search, knowledge, control and joint possession defenses. Call Daytona Beach Cocaine attorney Kevin J. Pitts at 386-451-5112 to set up a free consultation.
Florida has decided that it is necessary to protect minors by enacting laws against minors in possession of alcohol. This is a common charge during Spring Break in Daytona Beach. To reduce underage drinking Florida decided they would attempt to give anybody under the age of 21 that is caught by law enforcement with alcohol a criminal record. We do not make light of the fact that minors and alcohol can be dangerous but we do not understand how it helps a young adult to try to tag them with a criminal record. In some cases a MIP charge can also result in a driver’s license suspension.
If you are caught with alcohol in Daytona Beach and are under 21 we can help. Attorney Kevin J. Pitts is a former Daytona Beach prosecutor and defense attorney. Mr. Pitts has prosecuted and defended MIP cases in Daytona Beach and the surrounding areas. The State Attorney’s Office in Daytona generally does a good job of working with defense attorneys to avoid a criminal record for the kids and young adults who get caught with alcohol.
Many people are thrilled to find out they can just pay a fine or ticket in Daytona Beach but this is a common trick used by local law enforcement is to disguise the misdemeanor as a payable infraction. The problem is that when you pay that fine you have a criminal record. You are not adjudicated guilty but anybody can look you up on the Clerk’s website and see that you accepted responsibility for a misdemeanor alcohol offense. You can get your record sealed but it takes about 6-12 months and after 10 years you can get it expunged.
It will save you money and hassle in the long run if you hire a Daytona Beach MIP attorney to properly resolve your case. We will fight to keep you from having to plea to a misdemeanor. Many cases can be dismissed after completing some community service and paying the cost of prosecution and investigation. Sometimes a formal diversion is required but the charges can still be dropped. Not all cases will be dismissed but unless the accused already has a criminal record the State will almost always work out some type of agreement to avoid a criminal record. Do not pay a minor in possession of alcohol ticket in Daytona Beach without talking to Daytona Beach MIP Attorney Kevin J. Pitts.
The penalties for violating Florida’s MIP law are:
- First MIP Offense—You will be charged with a second-degree misdemeanor and ordered to pay a fine of $500 and sentenced up to 60 days in jail.
- Second MIP Offense—You will be charged with a first-degree misdemeanor and ordered to pay a fine of $1,000 and sentenced up to one year in jail.
In addition, the court shall direct the Department of Highway Safety & Motor Vehicles to withhold the issuance of, revoke or suspend your driver’s license or driving privileges as follows:
- First MIP Conviction—Not less than six months and not more than one year.
- Subsequent MIP Conviction—Up to a period of two years.
562.111 Possession of alcoholic beverages by persons under age 21 prohibited.—
(1) It is unlawful for any person under the age of 21 years, except a person employed under the provisions of s. 562.13 acting in the scope of her or his employment, to have in her or his possession alcoholic beverages, except that nothing contained in this subsection shall preclude the employment of any person 18 years of age or older in the sale, preparation, or service of alcoholic beverages in licensed premises in any establishment licensed by the Division of Alcoholic Beverages and Tobacco or the Division of Hotels and Restaurants. Notwithstanding the provisions of s. 562.45, any person under the age of 21 who is convicted of a violation of this subsection is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; however, any person under the age of 21 who has been convicted of a violation of this subsection and who is thereafter convicted of a further violation of this subsection is, upon conviction of the further offense, guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.775.083.
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.
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.
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.
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.