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.
Tag Archives: Volusia County
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 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.
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.
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.
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 first Daytona Beach DUI with a minor in the car or Daytona Beach DUI BAC over .15 Florida Statute 316.193(4)(a) include: $1,000 fine plus court cost, 6-12 months of probation, 6-12 month driver’s license revocation, 0-270 days jail, 10 day vehicle impound, 6 month ignition interlock with P restriction on the driver’s license, 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 DUI in Volusia County contact Daytona Beach DUI attorney Kevin J. Pitts.