Attorney Kevin J. Pitts is a former Daytona Beach Assistant State Attorney who has prosecuted reckless driving cases. In 2015 Volusia County had 191 reckless driving cases. Mr. Pitts frequently handles Deland reckless driving cases, Daytona reckless driving cases and reckless driving cases throughout Volusia County. In a Volusia County reckless driving case the defense has a multi prong approach to get the best possible outcome. The first step is to review the case and see if a legal basis for the charge exists. Simply speeding is not sufficient without other aggravating factors to sustain a reckless driving conviction in Florida. Just because someone gets into an accident does not automatically mean they drove in a reckless manner. If a factual basis exists for the case and it is unlikely that the defense can prevail at trial or motion the next step is to negotiate the best possible resolution. The mandatory minimum penalty for reckless driving in Volusia County is approximately $386 fines and court cost withhold of adjudication keeping points of your license. A withhold of adjudication is still a criminal traffic offense.
A common negotiation goal in a strong Volusia County reckless driving case for the prosecutor is to try to get the charge amended to careless driving. The approximate fine is $166 but could be as high as $500. With a careless driving case the state can get the same punishment as in a reckless driving case. The 4-hour, 8-hour or 12-hour traffic school can be attached to either offense. The difference is that careless driving is a civil traffic infraction similar to speeding ticket and reckless driving is a crime. The statutes are very similar. Careless driving is basically a negligent act that endangers person or property. Reckless driving is a willful act that endangers person or property. The willful element of a reckless driving case is what makes it difficult for a prosecutor to prove. People accidently drive bad all the time. Just because someone drives in a way that irritates an officer doesn't mean it is reckless driving.
Most careers will not have issues with a reckless driving reduced to a careless driving traffic ticket (pilots, truckers and a few other careers might have issues with a traffic ticket). Volusia County reckless driving lawyer Kevin J. Pitts can submit a waiver of appearance at pre-trial and might be able to resolve your case without your presence (if you reside outside of Volusia County a plea and waiver can avoid personal appearance and if the case is reduced to careless driving an attorney can resolve a civil infraction without you). If your case is not reduced to civil traffic infraction it might still be resolved in one court appearance (if pre-trial motions and trial were required multiple appearances would be necessary). A typical arraignment can last hours. Pre-trial could also last well over an hour. Hiring an attorney can avoid the requirement of sitting in a courtroom for hours each court appearance. This can save you time and money when missed work is calculated.
While most Volusia County reckless driving cases are misdemeanors in some cases they can become serious felonies with a possibility of prison. This happens when someone is seriously injured or dies. In Florida serious injury is an injury to another person which creates a substantial risk of death, permanent disability or permanent physical disfigurement. If the accused has a prior reckless driving the misdemeanor punishments can also be enhanced. Call 386-451-5112 for a free case evaluation.
Volusia County Reckless Driving Lawyer Kevin J. Pitts 747 South Ridgewood Ave., #105 Daytona Beach, FL 32114 386-451-5112
Seminole County Reckless Driving Attorney Kevin J. Pitts 4195 N 17-92 Sanford, FL 32773 407-268-3688