Daytona Beach DUI Attorney

Wednesday, November 14, 2012

Daytona Beach Criminal Defense Lawyer Kevin J. Pitts

Daytona Beach criminal defense attorney and Daytona Beach DUI Attorney Kevin J. Pitts at The Law Offices of Kevin J. Pitts P.A. focuses his practice on DUI and criminal defense. Felony, misdemeanor or traffic ticket Daytona Beach attorney Kevin J. Pitts can handle it all. No matter how big or how small your case may seem Mr. Pitts is prepared to take the necessary steps to achieve the best possible result in your case. Daytona Beach criminal defense attorney Kevin J. Pitts has experience in traffic court, misdemeanor court, felony court and administrative hearings. Kevin J. Pitts handles cases in Volusia, Flagler, Seminole and Orange County.

Thursday, September 20, 2012

What To Avoid When Hiring A Daytona Beach DUI Attorney

I spend a great deal of time talking with potential clients on the phone and in my office. Something that I am hearing more often from potential clients is that Daytona Beach DUI attorney so and so guaranteed me that he/she could beat my case. If an attorney ever guarantees a result ask them to put it in writing. A common trick in the criminal defense business is to promise high, deliver what you can and back pedal like crazy when the promise is not achieved. Some attorneys will try to blame it on the fact that they were not aware of some minute detail. Implying that you left something out when they made the promise. A responsible Daytona Beach DUI lawyer will not promise results during an initial consultation. A skilled defense attorney knows that the minute details can make or break a case.

Another problem with promising the result is that the prosecutor, Judge and/or jury play a role in the outcome of the case. The prosecutor has the ability to make the case go away. A skilled defense attorney can help negotiate your case prior to trial to encourage the prosecutor to reduce or drop the case. The prosecutor will typically make a reasonable decision based on the facts in front of them. In the end it is the prosecutor’s decision not the defense attorney’s. If the prosecutor is not willing to give a reasonable offer a Daytona Beach DUI attorney can file defensive motions or set the case for trial. The judge decides legal matters in motions to suppress, motions in limine and motions to dismiss. Attorneys spend a great deal of time in front the local judges but it is never a good idea to promise what someone else will think or do. This is even more reckless when the attorney makes the promise before engaging in the discovery process. Some cases are better than others for a jury trial. To guarantee that a jury of six unknown people will acquit you prior to reviewing the discovery packet is foolish.

An ethical Daytona Beach criminal defense attorney will discuss your case with you. From that discussion they will be able to spot potential legal issues. A few weeks after representation begins the attorney should receive all the states documents that will be used at trial or that are favorable for the defense. At this point the attorney has a much clearer picture of the issues in the case. I would recommend to anyone looking for an attorney to never hire someone based upon what they promise. If the promises sound too good to be true they probably are. Finally if someone promises that they will beat your case during an initial consultation that would be a good time to look for an honest attorney. Attorney Kevin J. Pitts will never promise you a result. We will discuss the law and facts of your case with you. Once retained our attorneys will leave no stone unturned to get the best possible resolution in your case. If you want to be told your case will magically go away we are not the firm for you. If you want a straight forward evaluation of your case call Daytona Beach criminal defense attorneys Kevin J. Pitts at 386-451-5112.

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.