Daytona Beach Minor In Possession Of Alcohol Attorney
Kevin J. Pitts
If you have received a Daytona Beach minor in possession of alcohol ticket you need to speak with an attorney. These cases are manageable but they are also more serious than you might think. The police officers frequently describe these as tickets and say you will not have a record if you pay it. This is not true. If you pay a Daytona Beach MIP ticket you will have a record of admitting to a misdemeanor. As a result of adjudication being withheld you can seal your record and then 10 years later expunge your record to remove your record. The officer never tells you that you will have to hire attorneys for 2 legal procedures and wait 10 years for your record to be removed after paying the ticket. Even the word ticket is dishonest. It is actually a misdemeanor charging affidavit that is made into a very short plea and waiver or plea in absentia. The waiver part is referring to your constitutional rights. So by paying it you are admitting to a crime and waiving your rights. The police officer wants you to admit by paying the ticket because they get an admission of guilt without doing any work after issuing the citation.
What happens if you don't pay the ticket? Typically in Daytona Beach if you take the MIP ticket to court the case will be diverted. What this means is if you do some community service, pay $50 to the police and pay $50 to the State Attorney's Office the charges will be dropped. The $100 total cost is also less than paying the ticket. If you hire an attorney you will not ever have to step foot in a courtroom unless you want a jury trial. Your out of pocket expense will be a little higher after paying legal fees and the cost of prosecution and cost of investigation but we think this is a good value because you maintain your innocence and avoid having to seal your record before expunging it if you want to completely eliminate any record of the accusation. If you have a criminal history it would complicate things but diversion and legal defenses could still be a possibility.
What If I Already Paid My Daytona Beach MIP Ticket?
If you already paid your
Daytona Beach minor in possession of alcohol ticket we can still help. We have
had good luck opening paid MIP cases. The sooner you deal with the case the
easier it is to open up. It is best to deal with the case within 30 days of paying the ticket. Many of the MIP cases that we see occur around spring
break. Most of the victims of Daytona's alcohol stings are young tourist from
other parts of Florida or other states. Many times the ticket is paid without
talking to an attorney. The courts in Volusia have historically been sympathetic
to our guests that find themselves in a predicament after admitting to a
misdemeanor disguised as a ticket. The State Attorney's office has also been reasonable about helping tourist caught in an underage drinking sting avoid a
criminal record. If the ticket has been paid it will require the filing of an
additional motion. If the motion is granted by the judge the case will function
as a normal MIP case and your case will start from square one. If the court allows the plea to be
withdrawn then we can negotiate a deal with the prosecutor or go to trial without
being penalized for previously admitting to the crime.
Free Consultation The Law Offices of Kevin J. Pitts 747 S Ridgewood Ave., #105 Daytona Beach, FL 32114 Phone 386-451-5112 email@example.com