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Kevin Jeffrey Pitts

Kevin Pitts’s Answers

257 total


  • What happens at a mandatory hearing for a 30 over speeding ticket?

    I got a ticket going 80 in a 50.

    Kevin’s Answer

    I agree with the previous answers. This is something you should retain a ticket lawyer for. If the officer is able to get you to a hearing your chances of winning are extremely low. Speeding ticket defense is predominately about pre-trial dismissal motions. In Florida speeding ticket attorneys tend to be reasonably priced. If this case doesn't turn out well for you your insurance rates can dramatically increase for years.

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  • State wants 120 days in Gun Club--will I actually serve 120 for 3rd dui in 10 years?

    Public defender called for a motion to compel. What does this mean?

    Kevin’s Answer

    You can get gain time of up to 5 days for every 30 days you serve. The minimum incarceration on a 120 day sentence would be 100 days. Gain time is a possibility but is not guaranteed. 120 days is not unreasonable but is more than the mandatory minimum of 30 days. The mandatory minimum is not always the offer. Generally a prosecutor will look at the evidence in the case and your history to try to come up with what they think is a reasonable offer. Not all prosecutors are reasonable. What is considered reasonable varies in each courtroom. I cannot tell you what is reasonable in front of your judge because I am not familiar with your case and do not practice in your area. A motion to compel can be used to force the state to disclose evidence or face sanctions. One thing that has to be considered is that if the state files the case as a felony and is able to carry burden you would become a convicted felon. DUI cases have a mandatory adjudication by statute. inpatient rehab is an option that I recommend to clients that are facing unavoidable jail in a DUI case. Generally judges and prosecutors respond well to rehab and you can get day for day credit off any jail sentence.

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  • If a 1st time dui offense in Florida has been expunged why is the mug shot showing up when a web search is performed?

    My son did something stupid in college, 7 years latter it's still coming back to bite him. He paid his dues, and is trying to move on, but these sites are making it impossible. His records were expunged by the state back in 2007, so how can this ...

    Kevin’s Answer

    The short answer is that at this point it is legal. That might change in the future and I believe some legislation was proposed (House Bill 677) but as far as I know nothing happened with it. I think the legislation had difficulties with the 1st amendment but I'm not sure what the current status is. The expunction of a record only applies to the government. The private companies gain access prior to the case being closed. They are only reporting the arrest and not suggesting a conviction but unfortunately this is still damaging to someone trying to get a job. Another problem is that some of the companies are not even in the United States. Sometimes sending documentation of the expunction will get the record removed. Other options are paying to take it down or paying to take control of your sons online presence. Using search engine optimization can be prohibitively expensive. You can do a Whois search and might be able to get information about the site but it isn't always public.

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  • Behavior during traffic stop impact judge decision?

    I was pulled over and the FHP indicated I was speeding, doing 64 MPH in a 45. When I passed the trooper I checked my odometer and I was driving within the legal limits, and had my car on cruise control. Two cars passed me in the time it took the F...

    Kevin’s Answer

    My experience is that the officer is more likely to show up if they feel like someone was rude and they usually use it to attempt to get additional sanctions. Some have thicker skin and will just laugh it off but others will complain to the hearing officer or judge.

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  • Mistaken identity-2nd degree misdemeanor-

    I received a notice to appear in court (arraignment). Not knowing what this was about I went online and discovered supposedly I was ticketed 11/21/13 for attaching an invalid plate/reg sticker to my car. There is some mistake, I was never pulled o...

    Kevin’s Answer

    This does occasionally happen. If you hire an attorney you will have some advantages including being able to discuss your case with them before the court date, having your arraignment waived, pre-trial appearances waived and being able to decide who you want to represent you. This doesn't mean that if you are unable to afford an attorney you are doomed. The public defender's office can handle something like this. They are not free but usually cost around $50 for the application and sometimes another $50 when the case is resolved.

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  • I got a ticket for OWI in MI, Fl suspended my licence for DUI in Ky What should I do Never been to Ky

    simple. Michigan suspended my licence for 90 days for operating while impared Florida suspended my licence for 6 months for DUI in Kentucky Never been to Kentucky How can I handle this

    Kevin’s Answer

    It sounds like Florida could have suspended your license based on the Michigan case. If you go to the Bureau of Administrative Review in your area you can discuss the suspension. It sounds like they might have entered the wrong state by mistake.

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  • Can a collection agency suspend my license or have the State suspend my license for failure to pay for an accident?

    I have a report against me that my vehicle was in an accident in 2012. They have my license plate and VIN number and made a report. I was never contacted by the other party, or his insurance, i was only contacted by collection agencies. They are s...

    Kevin’s Answer

    If you caused property damage to another vehicle and did not pay the damage the collection agency could go through a process to have your license suspended. It is possible that a scriveners error occurred and that could end up with you being on the receiving end of a license suspension. This is not common but does occur occasionally. I haven't dealt with it on this type of issue but I do see people occasionally that get a license suspension as a result of a mistake on a ticket. You might get more information about this in the criminal defense section.

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  • A friend was arrested on a probation violation has been detained 10 months. the prosecutor dropped the charges (misdemeanor) but

    NOT the VOP.what happens next. What type of lawyer do I need at this point we don't have a big budget but don't want a public defender

    Kevin’s Answer

    The burden of proof is lower in a violation of probation case. The new law violation being dropped doesn't prevent the state from going forward on the VOP. If the case is dropped and the violation was not in the jurisdiction he was on probation it can make it a little bit more difficult because of witness transportation issues. The new law offense being dropped is a step in the right direction but they should still speak to a VOP attorney as soon as possible.

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  • My husband will be charged shortly in his 2nd DUI arrest, what can I expect?

    The person in question was non-responsive and taken to the local hospital for emergency treatment. The vehicle he was in was towed and no one was notified. The police officer that responded showed up for an initial interview at the hospital but...

    Kevin’s Answer

    • Selected as best answer

    You should contact an attorney because blood cases can cause problems for the state of proper procedures are not followed. Without serious bodily injury, death or consent the blood would be medical instead of legal. The state must have a Hunter hearing to get medical blood for evidence. Sometimes the alleged driver is transported to a breath test machine and occasionally a breath test machine is brought to the hospital but that is rare. If the officer gets access to his medical records without following proper procedures the state might not be able to use them. He needs an attorney to help him navigate this. These are common issues that come up in hospital cases but more details are needed to explain what might happen next.

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  • Is it smart to contest Driver's license suspension?

    Under 21, pulled over for a DUI. Arrested, did not blow. As a result, my license was suspended. Is it wise to hire a lawyer for an administrative hearing with the DMV to contest it? How often are these types of hearings won?

    Kevin’s Answer

    I'm not sure if it applies to drivers under 21 but a new law was passed 7/1/13 allowing you to waive the formal on a first DUI and avoid the 90 day hard suspension. I have asked one of the offices I handle these cases in and I would say it is more like 90%-95% upheld. Probably half the people are self-represented and some attorneys do not argue the hearings but I would not say it is 50/50 anymore. Before the subpoena rule was changed that would have been accurate. The last few years DMV has been aggressively upholding suspensions. Your best shot is on appeal but that isn't free. Usually the filing fee is just under $400 and that doesn't include legal fees. If you win you can request costs but typically you have to front the money. Not sure about the rest of the state but in Volusia the officer almost has to forget to file the DUI packet or a critical part of the packet for you to win. The new waiver is difficult to pass up because of the time restrictions. By the time you review the evidence the 10 days would probably expire and just because they didn't have it together within 10 days doesn't mean the documents will not be in order for the hearing. After 10 days the waiver is no longer an option.

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