Tag Archives: Attorney

Marijuana Might Be Legalized In The Future But You Still Need To Get The Best Possible Result In Your Case

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 casesFlagler 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.


Osceola County Speeding Ticket Statistics

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.


Flagler County Speeding Ticket Statistics

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.


Orlando Area Speeding Ticket Statistics

In 2012 approximately 10,856 of the 53,981 speeding tickets went in front of a judge or hearing officer in Orange County. 2,978 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. The shocking statistic is that only 1 speeding ticket that went to traffic court out of over 10,000 was found not guilty at hearing. It’s understandable that an officer is not going to stop the wrong car most of the time or make up a story to give a random driver a speeding ticket but these numbers are a little shocking. Most drivers are able to avoid points by requesting a hearing. For more information on speeding tickets in Orange County contact Orlando Traffic ticket attorney Kevin J. Pitts.


Fighting A Suspended License Case By Collateral Attack

When you are accused of driving as a habitual traffic offender you can be charged with a third degree felony in Florida. A third degree felony is punishable by up to 5 years prison and/or 5 years of probation or any combination of the two not to exceed 5 years. The maximum fine for a third degree is $5,000. Often the designation as a habitual traffic offender occurs from prior criminal driving on a suspended license tickets. It can also occur by paying a suspended license without knowledge ticket or tickets. In many cases paying a civil infraction causes the HTO designation. Daytona Beach suspended license attorney Kevin J. Pitts can collaterally attack the prior suspended license cases. This can eliminate the prior convictions avoiding the designation as a habitual traffic offender and getting your license back. The state can still go forward based on State v. James, 928 So. 2d 1269, 1270 (Fla. Dist. Ct. App. 2006) but will often times be willing to negotiate a favorable resolution if the accused comes to court with a valid license. Attempting to overturn prior convictions is not easy and should not be attempted without the assistance of an experienced driving on a suspended license lawyer. Attorney Kevin J. Pitts has years of experience as a former prosecutor and criminal defense attorney handling suspended license cases. If you have a suspended license case in Flagler County, Volusia County, Seminole County, Orange County or Osceola County contact suspended driver’s license attorney Kevin J. Pitts today. An experienced attorney can help get you out of the court system and back on the road with a valid license. Mr. Pitts can be reached at 407-883-6853 or 386-451-5112 to set up a free consultation.


Daytona Beach Driving On A Suspended License Attorney

As a Daytona Beach suspended license attorney I frequently see the problems a suspended license can cause. Driving is not a right in Florida but it is difficult to function without a driver’s license. With a tough economy and a constant increase in the cost of traffic tickets, insurance and other fees associated with maintaining a valid license it’s no surprise that thousands of people are charged with driving on a suspended license in Volusia County, Seminole County, Orange County and Flagler County. Driving on a suspended license is an offense that can get more serious after each conviction. 

Driving While License Suspended is an enhanceable offense in Florida. This means that the maximum penalties increase if you have been previously convicted of this offense. When the driver does not have knowledge of the suspension a non-criminal traffic infraction will be issued. Even a suspended license without knowledge will count towards becoming a habitual traffic offender. If it is your first driving while license suspended case with knowledge you will be charged with a second degree misdemeanor. This means it is punishable by up to sixty 60 days in jail and/or six 6 months of probation.  The second offense of Driving While License Suspended or Revoked will be charged as a first degree misdemeanor, punishable by up to one year in jail and/or one year of probation.  The second offense will be charged as a first degree misdemeanor regardless of whether one received a withhold of adjudication on the previous offense.  A third offense or more will be charged as a third degree felony, punishable by up to five years in state prison and/or five years of probation with the Department of Correction.

In addition to the criminal ramifications described above, a collateral consequence of driving while license suspended is a qualifying offense for making one a habitual traffic offender or HTO.  If you have three qualifying offenses, you may be designated a habitual traffic offender and lose your license for a period of five 5 years with no ability to get a hardship license for the first year.  If you are arrested for driving on a habitual traffic offender suspension you can be charged with a third degree felony, punishable by up to five years in state prison and/or five years of probation with the Department of Correction. Attorney Kevin J. Pitts also handles Seminole County suspended license cases and Orlando suspended license cases.


Daytona Beach Resisting Arrest Without Violence Resisting An Officer Without Violence

A Daytona Beach resisting arrest without violence charge is a catch all for police. People pick up these charges for voicing disapproval, asking questions, tensing up when being hand cuffed and occasionally for displaying poor manners. While resisting an officer without violence in Daytona Beach is a serious charge these cases can be defended. Some of the common defenses deal with free speech, the officers legal right to arrest or detain, if the accused knew that the person was a police officer, if the officer was performing a legal duty, if the conduct obstructed the officer and if the officer used excessive force. Some officers have a tendency to pile on a resisting charge to give the prosecutor more to work with. Although typically a resisting without violence charge occurs when the officer feels like the accused is giving them a hard time even the Supreme Court believes police should have thicker skin than ordinary citizens. In CITY OF HOUSTON, v. HILL. 482 U.S. 451 the court stated: Although the preservation of liberty depends in part upon the maintenance of social order, the First Amendment requires that officers and municipalities respond with restraint in the face of verbal challenges to police action, since a certain amount of expressive disorder is inevitable in a society committed to individual freedom and must be protected if that freedom would survive. If you are arrested for Daytona Beach resisting an officer without violence contact criminal defense attorney Kevin J. Pitts


Daytona Beach Leaving The Scene Of An Accident Lawyer

If you find yourself in an accident and no one is injured or present you are not always required to remain at the scene. 316.062(1) states that the driver of any vehicle involved in a crash resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person shall give his or her name, address, and the registration number of the vehicle he or she is driving, and shall upon request and if available exhibit his or her license or permit to drive, to any person injured in such crash or to the driver or occupant of or person attending any vehicle or other property damaged in the crash and shall give such information and, upon request, exhibit such license or permit to any police officer at the scene of the crash or who is investigating the crash and shall render to any person injured in the crash reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary, or if such carrying is requested by the injured person.

(2) In the event none of the persons specified are in condition to receive the information to which they otherwise would be entitled under subsection (1), and no police officer is present, the driver of any vehicle involved in such crash, after fulfilling all other requirements of s. 316.027 and subsection (1), insofar as possible on his or her part to be performed, shall forthwith report the crash to the nearest office of a duly authorized police authority and submit thereto the information specified in subsection (1).
 
If the driver leaves the scene of a crash without fulfilling the above listed duties they waive the accident report privilege. This can make it easier for the prosecutor to prove the case. As simple as these cases might appear they can actually get complicated. If you are involved in an accident and leave the scene never talk to the police about your case because the accident report privilege might have already been waived. If you are accused of a crime go to leaving the scene of a crash attorney or call Kevin J. Pitts at 386-451-5112.

Daytona Beach Second DUI Within 5 Years With A BAC Over .15%

If you are arrested for a second DUI within 5 years in Daytona Beach or the surrounding areas you are exposed to certain minimum and maximum penalties. The penalties for a second Daytona Beach DUI within 5 years with a BAC above .15% Florida Statute 316.193(6)(b) include: $2,000 fine plus court cost, 12 months of probation, 60 month driver’s license revocation,  10-364 days jail, 30 day vehicle impound, 24 month ignition interlock with P restriction on the driver’s license, Advanced Alcohol Safety and Education Class or the out of town equivalent, MADD Victims Awareness Panel and 50 hours of community service with the option to buy out at $10 per hour. If you are accused of a Second DUI in Volusia County contact Daytona Beach DUI attorney Kevin J. Pitts.


Daytona Beach Second DUI Within 5 Years BAC Below .15%

If you are arrested for a DUI in Daytona Beach or the surrounding areas you are exposed to certain minimum and maximum penalties. The penalties for a second Daytona Beach DUI within 5 years with a BAC below .15% Florida Statute 316.193(6)(b) include: $1,000 fine plus court cost, 12 months of probation, 60 month driver’s license revocation, 10-270 days jail, 30 day vehicle impound, 12 month ignition interlock with P restriction on the driver’s license, Advanced Alcohol Safety and Education Class or the out of town equivalent, MADD Victims Awareness Panel and 50 hours of community service with the option to buy out at $10 per hour. If you are accused of a Second DUI in Volusia County contact Daytona Beach DUI attorney Kevin J. Pitts.