Orange City DUI Attorney Kevin J. Pitts has obtained the Orange City DUI Policies and Procedures by public records request. Mr. Pitts is a former Volusia County DUI prosecutor who focuses his practice on DUI, Criminal Defense and Traffic Tickets. If you are accused of a DUI in Orange City contact Deland DUI Attorney Kevin J. Pitts at 386-451-5112 to set up a free case evaluation.
Orange City DUI Attorney Kevin J. Pitts
To describe procedures a member may use if an individual is suspected of driving under the influence of alcohol or drugs.
1. When an officer notices illegal, improper or erratic driving patterns, the officer should make note(s) of the driving pattern and/or traffic violations that caused him/her to believe that the driver may be impaired and then initiate a traffic stop.
2. When the officer believes that probable cause has been established, the driver of said vehicle should be placed under arrest and charged with DUI, under F.S.S .316.193.
3. Juvenile: The same procedures, as stated above, should be followed for a juvenile arrest, with the following exception; the arresting officer shall notify the juvenile’s parents or legal guardian. The parents or legal guardian
will be requested to meet with the officer, and the juvenile shall be turned over to them after the juvenile has been processed.
4. If the officer has probable cause to believe that the driver of said vehicle is under the age of 21 and the officer feels that the offender is between 0.02 and 0.07, the officer may request a breath test for the purpose of an administration suspension. If the results are 0.02 or higher, the officer will complete the appropriate administration suspension documentation.
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.