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What Happens When You Are Arrested In Daytona Beach

When someone is arrested in Daytona Beach or Volusia County they will be taken to the Volusia County Branch Jail. When taken to jail a few different things can happen. The accused can be bonded out by posting a cash bond, the accused can be bonded out by a bondsman or the accused can stay in custody until first appearance. At first appearance the accused can be released on their own recognizance, released on their own recognizance with conditions of pre-trial release or required to post a bond to be released. In some cases (punishable by life) the accused can be held without bond. After the first appearance the next court date is arraignment. If a private attorney is retained the arraignment will be waived and the accused will not have to appear. At arraignment the accused enters an initial plea and is informed of the charges they are accused of committing. After the arraignment the case will be set on a pre-trial docket. The pre-trial basically sets the status of the case for that month. It can be continued, set for a plea, set for a motion or set for trial. Some cases might have one pre-trial and other cases could have many more depending on the complexity of the case and issues involved. Most cases have 2-4 pre-trials before being resolved or set for trial. If the case is set for a plea date it will usually be resolved on the Friday before jury selection. If the case is set for trial the accused will be required to pick a jury a Monday and the trial will be set for another date during the trial period. If you are accused of a crime in Daytona Beach contact Kevin J. Pitts. Mr. Pitts handles DUI, traffic and misdemeanor cases.

Daytona Beach Bike Week DUI Information

     Bike Week is fast approaching and we usually see an increase in traffic violations and DUI arrests. Over the years local law enforcement have become more aggressive with Daytona Beach Bike Week DUI arrests. If you are visiting Daytona Beach as a tourist you are at a disadvantage. We frequently see infractions and DUI arrest stemming from stops based on driving that can be interpreted as impairment but in reality is just unfamiliarity with the local roads and traffic patterns. Add sleep deprivation from travel and a Bike Week tourist chances of being accused of impairment drastically increase.

     Some basic DUI procedures an out of state driver needs to be aware of are that Florida is an implied consent state. A Florida driver’s consent to a breath test is implied by obtaining a driver’s license. The bizarre twist is that Florida also claims that an out of state driver has also consented by driving on the roads in Florida. This does not make sense since nobody tells you that prior to driving in Florida but that is currently the law.

     If a driver refuses a breath test or submits a breath sample above a .08% Florida will suspend their license. Unfortunately for Florida they do not have jurisdiction over an out of state driver’s license so they issue a Florida license and suspended it instead. Then the suspension is submitted to the National Driver Registry. Florida hopes that your home state will honor the Florida suspension based on the interstate compact.

     During a DUI consider if you are likely to pass a breath test. If you have a legitimate shot you should submit to the test. The administrative license suspension is longer for a refusal than a breath test regardless of how high the result is. If you decide to refuse the breath test that also has some advantages but it is best to also refuse the field sobriety exercises. If a driver stumbles around on video a refusal will not save them from a conviction if the officer follows proper procedures.

     If you are arrested you should contact Daytona Beach DUI lawyer Kevin J. Pitts as soon as possible. If action is not taken within 10 days your driver’s license will be suspended automatically. Attorney Kevin J. Pitts focuses his practice on DUI and Daytona Beach traffic ticket defense. Mr. Pitts is a former DUI prosecutor and has been focusing his practice on defending driving cases since 2010. Call 386-451-5112 to set up a free consultation.