Monday, October 31, 2011
Daytona Beach And Volusia County Traffic Tickets
Daytona traffic court had one of the highest court cost in Florida. Requesting a traffic ticket hearing to contest a Daytona Beach speeding ticket, stop sign ticket or other traffic infraction could be expensive if the $106 fee was assessed. Other counties in Central Florida had fees around $30. Recently the fee has not been assessed on ticket cases that are resolved in court prior to hearing. In Volusia County just under 4,000 tickets were resolved by a judge or hearing officer. Under the old system the drivers could have been assessed a $106 fee on top of the traffic ticket fine. A $281 Daytona Beach speeding ticket could become $387. Now it is an even safer bet to hire a Daytona Beach ticket lawyer. Paying a ticket without electing a class guarantees the worst result. Adjudication of guilt, points on your license and potentially years of increased insurance cost. What can a Daytona Beach ticket attorney do for you. Your appearance can be waived. If the officer does not show up your case will be dismissed (unless a continuance is filed). If the evidence is insufficient the case can be challenged. If the driving record is good the citation might be amended to save the driver money. The amending of the citation is up to the officer. A withhold of adjudication can be requested to keep points off your license and keep insurance rates down. If a class is required it will be a sentence and not one of the 5 lifetime traffic school elections. For more information go to Daytona Beach speeding ticket lawyer.
Thursday, September 15, 2011
Daytona Beach Reckless Driving Class Daytona Beach Reckless Driving Attorney
A recent statutory change is adding sanctions to Daytona Beach reckless driving pleas. It will also apply to Seminole County reckless driving cases and Florida reckless driving cases. The statute requires anyone that is convicted or who enters a no contest plea to complete a 4 hour online class. The class is reasonably priced at around $30. It is not the type of thing that would cause most people to go to trial but was not enforced for over a year and caught many people by
surprise. Language about potentially suspending the privilege to drive
increased the concern. The statute has been on the books since October of 2009.
A few months ago clients started getting letters from DHSMV to complete the
class or their license would be suspended. This recently was observed in
Daytona Beach reckless driving cases that are DUI reductions or what is commonly referred to as a wet reckless. It is also a
requirement for dry reckless cases. It is a Florida statute and will likely
apply to Seminole County reckless driving cases, Volusia County reckless
driving cases and all other Florida reckless driving cases.
The law comes from Florida Statute 322.0261(4). The department shall identify any operator convicted of, or who pleaded nolo contendere to, a violation of s. 316.074(1), s. 316.075(1)(c)1., s. 316.172, s. 316.191, or s. 316.192 and shall require that operator, in addition to other applicable penalties, to attend a department-approved driver improvement course in order to maintain driving privileges. If the operator fails to complete the course within 90 days after receiving notice from the department, the operator's driver license shall be canceled by the department until the course is successfully completed. It appears to apply to violation of a traffic control device, steady red indicators, stopping for a school bus, racing on the highway and reckless driving. While a four hour basic driver improvement class that can be completed online is not an extreme measure it was not previously contemplated in many cases that were resolved. If you are charged with reckless driving and plan on entering a plea be prepared for the additional class requirement. If you have been arrested or charged with reckless driving contact Daytona Beach reckless driving attorney Kevin J. Pitts.
Wednesday, July 20, 2011
The Standard For Reasonable Suspicion In Florida
If you have been pulled over in Volusia County or the surrounding area for a traffic stop detained by police or asked to perform field sobriety exercises you might be curios what the legal standard is for the police action. The standard to pull someone over for a traffic stop, to detain an individual or to request field sobriety exercises is reasonable suspicion. Reasonable suspicion is the standard throughout the country. Florida law is in lock step with the fourth amendment. To learn about the legal standard police must abide by go to reasonable suspicion. If you are charged with a crime in Seminole County, Orange County or Volusia County go to Daytona Beach DUI Attorney. If you receive a traffic ticket in Orange County, Seminole County, West Volusia County or East Volusia County go to Daytona Beach Traffic Attorney. Reasonable suspicion is not the most demanding standard but does require more than a hunch. Attorney Kevin J. Pitts has offices in Sanford and Daytona Beach.
Friday, June 24, 2011
Friday, June 17, 2011
Monday, March 28, 2011
Sunday, February 27, 2011
Daytona Beach Police DUI Policies And Procedures
Daytona Beach DUI Policies
DRIVING UNDER THE INFLUENCE ARRESTS
All arrests for the offense of Driving under the Influence of Alcohol or Drugs shall be processed in accordance with applicable Florida State Statutes and Department Directives.
All DUI Arrests shall contain the following paperwork at a minimum:
Arrest Affidavit (SA798 and accompanying paperwork);
Uniform Traffic Citation (If applicable);
DUI Citations (if applicable);
Alcohol Influence Report (if applicable);
Intoxilyzer Results (if applicable);
Breath Test Result Affidavit (if applicable);
Operational Checklist (if applicable);
Drivers License Copy (or reason it is not attached ex. Driver did not have in possession at time of arrest);
Refusal Form (If applicable);
Implied Consent Form ( If applicable).
All DUI arrest paperwork shall be processed and distributed in accordance with directive 70.1 and Records Distribution directives.
The prisoner shall be transported to the main station for processing. While en route to the main station the officer shall advise the communications center and his/her supervisor that a breath test operator will be required to administer the breath test. If a breath test operator is unavailable the officer shall contact his/her supervisor to arrange for testing by an approved operator of another law enforcement agency. If the arresting officer is a certified Breath Test Operator then he/she may conduct his or her own test.
Field sobriety exercises shall be administered on scene. When possible those exercises will be videotaped (if an in-car camera or other video recorder is available). The subject shall be transported to the station DUI room for further processing where the officer shall place the arrestee in plain view of
the DUI room camera/recording equipment in order to record any subsequent actions by the arrestee, which pertain to the charge, such as: vomiting, urination, sleeping, spontaneous statements, and any other actions that may aid the charge. NOTE: The video recording equipment is on twenty-four hours a day seven days a week. An email shall be sent to Officer Nick Fiore requesting the tape of the incident be retained as evidence.
The subject shall either submit to the breath test or a refusal shall be initiated. If the subject refuses to submit to the breath test then, the subject shall be read the Florida Implied Consent Law. In the event the subject requests the opportunity to consult with an attorney (by asking specifically to have access to a phone to consult an attorney) a phone shall be made available to him/her for no more than 30 minutes.
If the prisoner requests the phone consultation with an attorney then, the arresting officer shall record the time the phone request was made and when the 30 minute time period expires directly on the charging affidavit. The phone call will take place after the prisoner has either submitted to or refused to submit to a breath test. Case law advises that phone call requests, even for an attorney, should be given after the breath test or refusal thereof.
If the prisoner requests an independent blood test then, he/she should be given the opportunity to look through the phone book to call someone to administer the test. If the prisoner locates a person to perform the test then, the blood will be withdrawn at the main station. Once the blood is drawn the officer shall request a sample of the blood being drawn. The officer shall supply the blood kit and tag the kit as evidence. The Daytona Beach Police Department will not supply a person to draw the blood, provide a blood kit for the prisoner, or transport the prisoner to a facility to have the blood drawn. It is the sole responsibility of the prisoner to locate someone to respond to the main station in a timely manner to draw the blood. A timely manner would be within one hour from the time the call is placed.
If the prisoner submits to a breath test and the result is below .08, and there is reasonable belief that the person is under the influence of a chemical substance then, a Drug Recognition Expert shall be notified.
If a DRE is not on duty the shift supervisor shall be notified. It will be the responsibility of the supervisor to determine whether to call out a DRE or not.
The prisoner shall be evaluated by a DRE if available and called out to determine if a urine sample should be requested or not.
If the DRE determines a urine sample should be requested then, the prisoner shall submit to the urine sample or if he/she refuses a refusal shall be entered.
Any time a urine sample is obtained, the officer taking the sample shall be of the same gender as the prisoner.
In the event a prisoner’s breath test results are .30 or above then, the officer shall wait an additional 30
minutes and administer a second series of tests. If the second series of tests show a result of .30 or higher then, the prisoner shall be transported to a medical facility without delay due to possible alcohol poisoning. If the second set of tests are below .30, this indicates the prisoners BAC is lowering to non life threatening levels and may be transported to the branch jail.
ZERO TOLERANCE LAW
When encountering a driver under the age of 21 who is found to have a BAC level of .02 through .079,
the “Zero Tolerance Law 322.2116, F.S.” provides for the administrative suspension of the subjects driving privileges. Violations of section 322.2116 are not a traffic offense requiring a citation or a criminal offense requiring an arrest report. Violations of .08 and above are strict DUI violations regardless of the subject’s age.
Subjects contacted who do not meet the criteria for arrest under current DUI Laws, but are less than 21 years of age and operating a motor vehicle with a BAC of .02 through .079 may be cited under the Zero Tolerance Law 322.2116 F.S. An officer who has probable cause to believe a person under 21 is under the influence of alcoholic beverages or has any breath alcohol level may detain such person and request the person submit to a roadside test for breath alcohol level.
The breath test must be performed by an officer qualified in the operation of the portable breath test device and the device must be within current calibration intervals.
The officer will offer the subject the breath test. If the subject refuses a refusal will be entered according to the Zero Tolerance Law 322.2116, F.S.
If the test result is between .02 and .079 an appropriate administrative citation will be completed and thus effecting the suspension. The citation contains instructions for hearing requests and other information from DHSMV.
If the test result is below .02 the subject cannot be given the administrative suspension. If the result is anything above .02 then the license can be suspended: however, a DUI charge will have been ruled out.
If a DUI investigation is initiated it must be done prior to use of a portable breath test instrument.
In all cases where a “Zero Tolerance Law 322.2116, F.S.” subject tests results are below a .02 or are .08 or above the officer shall notify his/her supervisor and advise the supervisor of the circumstances why the subject tested outside the parameters of the Zero Tolerance Law 322.2116, F.S.
If you have been arrested for a DUI in Daytona Beach and feel that the policies and procedures were not followed contact Daytona Beach DUI attorney Kevin Pitts.
If you have been arrested for a DUI in Daytona Beach and feel that the policies and procedures were not followed contact Daytona Beach DUI attorney Kevin Pitts.
Wednesday, February 23, 2011
Daytona Beach DUI Law
Daytona Beach has 4 Judges that handle all misdemeanor DUI cases in East Volusia County. Deland has 2 Judges that handle misdemeanor DUI cases in West Volusia County. For information about the Judges in Daytona Beach go to Judge David B. Beck, Judge Dawn P. Fields, Judge David H. Foxman and Judge Belle B. Schumann. For information about the Deland Judges go to Judge Peter F. Marshall and Judge Peter A.D. McGlashan. Criminal cases are prosecuted by The State Attorney's Office. Volusia County does not have an official diversion policy like Orange County. The prosecutors will take into consideration the breath test result, strength of the case, consequences that the charge will have on the defendant and his family and other equitable factors. If the prosecutor feels that a DUI reduction is an equitable result the case will be reduced to reckless driving. The case can also be reduced based on legal defenses. Misdemeanors for East Volusia County are handled in Daytona Beach at The Volusia County Courthouse Annex, 125 E. Orange Ave., Daytona Beach, FL 32114. Misdemeanors for West Volusia County are handled at The Volusia County Courthouse, 101 N. Alabama Ave., DeLand, FL 32724. If you are arrested for a DUI in Volusia County contact Daytona Beach DUI attorney Kevin J. Pitts. The Law Offices of Kevin J. Pitts recently opened an office in Daytona Beach at 747 South Ridgewood Ave., #105 Daytona Beach, FL 32114. Daytona Beach DUI attorney Kevin J. Pitts is a former Volusia County DUI prosecutor. Mr. Pitts focuses his practice on DUI defense and criminal defense in Volusia, Seminole and Orange County.
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