Areas of Practice

PUT 30+ YEARS OF EXPERIENCE TO WORK FOR YOU

Mr. Mott has over 30 years of experience in CRIMINAL DEFENSE. He has been recognized as a TOP 100 criminal defense lawyer by the National Trial Lawyers. His practice FOCUSES ON CRIMINAL DEFENSE cases–from misdemeanors such as DUI, assault, battery, theft, retail theft, petite theft, criminal traffic cases, domestic violence cases, misdemeanor drug cases, and felonies such as such as felony drug possession, sales or delivery of drugs, drug trafficking, grand theft, dealing in stolen property, burglary, home invasion robbery, aggravated assault, aggravated battery, rape, sexual battery, robbery and murder. Mr. Mott is qualified to handle death penalty cases as LEAD COUNSEL, pursuant to Florida Supreme Court Standards.

Mr. Mott’s Law Practice Includes and is Limited to All Areas Of Criminal Defense:

FELONIES are crimes punishable by one year to life in prison and death penalty cases:

Death Penalty Cases. First Degree Murder/Second Degree Murder/Manslaughter.
DUI, DWI, BUI, OUI, OWI drunk driving.
Drugs and Narcotics Possession, Sale and Purchase, Trafficking, Conspiracy, Manufacture, distribution, Controlled substances, cocaine, crack, cannabis, pot, speed, crank, crystal meth, hydrocodone, loratabs, ecstasy, heroin, horse, smack, etc.
Multiple offenses Felony DUI.
Fleeing and eluding, escape.
Leaving the scene with serious personal injury or involving death.
Burglary, Robbery, Armed Robbery, Strong-arm Robbery, Robbery with a Firearm or weapon.

Grand Theft, Dealing in Stolen Property, Identity Theft.
Bad checks over $300.00
DOMESTIC VIOLENCE, DOMESTIC BATTERY AND BATTERY CASES
Aggravated Assault, Aggravated Battery, Aggravated Battery with a Weapon/Firearm.
Sex Crimes, Sexual Battery, Lewd Act.
Criminal Records Expunged and Sealed.
Bond Hearings, Bail Reduction Motion Hearings.
Felony Criminal Mischief.
All Fraud/ Shoplifting.
Aggravated Stalking.

Misdemeanors are crimes with a maximum penalty of one year incarceration and/or $1,000.00 fine (or a lesser penalty)

Drug Possession under 20 grams of marijuana.
DUI, DWI, OUI, OWI, BUI, BWI – drunk driving, Boating under the influence.
Reckless Driving.
Leaving the scene with property damage.
Driving with License Suspended, or Revoked or no valid driver’s license.
Assault / Battery/ Domestic Violence Battery.

Petit Theft/ Retail Theft.
Violation of injunction.
Criminal Mischief.
Bad checks under $300.00
Stalking.
Solicitation, Prostitution.

Juvenile Delinquency:

Criminal offenses committed by a person less than 18 years of age

Administrative Law:

DMV: DUI and point related suspensions before the Department of Highway Safety and Motor Vehicles.

Probation Cases:

Violation of probation
Modifications of probation
Early termination of probation

Criminal record expungements
Governor’s pardons.
Executive clemency

SUMMARY OF FLORIDA DUI LAWS AND PENALTIES

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YOU ONLY HAVE 10 DAYS FROM THE DATE OF YOUR DUI ARREST TO SIGN UP FOR OR WAIVE A “FORMAL REVIEW” OF YOUR DL SUSPENSION. IT IS IMPORTANT THAT YOU HAVE THE ADVICE OF AN EXPERIENCED DUI LAWYER, TO HELP YOU DECIDE IF YOU SHOULD REQUEST THE FORMAL REVIEW OR WAIVE THE FORMAL REVIEW.

Jail

1st Offense Up to six months

2nd Offense Up to 9 months

3rd Offense 30 days to 5 years

Fines and Penalties

$500 to $2,000

$1,000 to $4,000

$2,000 to $5,000

License Suspension

180 days to 1 year

5 years

10 years

How much do you have to drink (Blood/alcohol content BAC) for a DUI in Florida?

Under 21 = .02% BAC CDL = .04% BAC Over 21 = .08% BAC

REFUSAL TO TAKE A BREATH TEST

Florida has an implied consent law, which means that if you refuse to submit to a chemical test (breath test) you will be subject to an automatic license suspension

1st refusal = 1 year DL suspension + creates a presumption that you are DUI.

2nd Offense = 18 month DL suspension (criminal offense) + DUI presumption.

3rd Offense = 18 month DL suspension (criminal offense) + DUI presumption.

SOME DEFENSES TO DUI

1. Not in actual physical control of a motor vehicle (not behind the wheel, no keys, vehicle not operable).

2. Bad stop.

3. Bad arrest.

4. Bad administration of: field sobriety exercises, observation period, or breath test.

5. Breath test machine defective or not properly maintained.

6. BAC was rising.

7. Lack of “impairment.”

8. Presence of “mouth alcohol.”

9. Hypoglycemia, diabetes, other physiological matters. 10. Officers failing to comply with accident report privilege or other laws.

PLEA BARGAINING

In some circumstances, a plea bargain to the reduced charge of reckless driving might be accepted by the prosecutor in Florida. A change of a DUI charge to a reckless driving charge is usually made as a result of a plea bargain in which a DUI is amended to a charge of reckless driving. A plea bargain of reckless driving might occur when the amount of alcohol is borderline illegal, where there are stop issues, where are evidence issues, and where the defendant has no prior record. If you are interested in trying to make a plea bargain for reckless driving, you will need the help of a lawyer. DUI Laws in Florida are harsh, so it is best not to drive if there is a chance your BAC is unlawful.

THINGS TO DO PROMPTLY AFTER A DUI ARREST

Sign up for or waive a formal review of your license suspension. You only have ten days from the date of your arrest to ask for or waive the review. In a formal review hearing you have everything to gain and very little to lose; however, in some cases you may want to waive the formal review. Either way you must take action within ten days. So, just do it!
Seek legal counsel immediately. Even if you can not afford a lawyer, or do not want to hire a lawyer, you should consult with a lawyer. Initial legal consultations are often free
Carefully read your DUI ticket, front and back– it has important information.
Obtain and carefully read copies of the DUI police reports.
Obtain and review a copy of any audio-video tapes of your stop and arrest.
Understand that your DUI ticket is a temporary Florida Driver’s License, which is good for ten following your DUI arrest.
If you have a license from a state other than Florida and you get a DUI in Florida, check with your state’s Department of Motor Vehicles (DMV), for the procedures to follow.
Remember when you get a DUI, you must deal with two separate “courts.” First, you must deal with the administrative review court which is part of the DMV. In addition to DMV, you must deal with the criminal court that will handle your DUI.
Understand that the DMV and the DUI criminal courts are separate. The DMV court can suspend or reinstate your driver’s license. The DUI criminal court can suspend your license, impose a fine, place you on probation, and/or put you in jail. Do not confuse your criminal court dates and your DMV hearing dates. Do not confuse the orders and actions of the DUI criminal courts with the orders and actions of the DMV.
Make notes of everything that happened from twenty-four hours before your DUI arrest, all the way through the arrest and your release from jail.
Make a list of possible defense witnesses (including names, addresses and phone numbers) .
If applicable, take photographs or videos of the scene of the stop and arrest.

DOMESTIC VIOLENCE, DOMESTIC BATTERY AND BATTER CASES

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Domestic violence, domestic battery and battery cases are normally assigned to County Court where criminal misdemeanor cases are handled. There are two degrees of misdemeanors. A First Degree Misdemeanor is punishable by up to one year in jail. A Second Degree Misdemeanor is punishable by up to sixty days in jail. County Court handles charges such as battery, violations of injunctions, and assault, and usually the criminal charges involve family members or people who are living together. Battery and injunction violations are first degree misdemeanors and assault is a second degree misdemeanor.

PRETRAIL RELEASE: Many people who are arrested for domestic violence offenses are placed on pre-trial release (PTR). There are many important conditions of PTR. Standard conditions of PTR include reporting to the PTR officer when required, drinking on alcoholic beverages, consuming no illegal drugs, submitting to random drug tests, and having no contact with alleged victims. The judge may order additional conditions in any case. Compliance with the conditions of PTR are mandatory. Any violation of the conditions of PTR can result in your being arrested and jailed. Additionally, violations of PTR can lead to additional criminal charges being filed against you. Obviously, it is very important to comply with all of the conditions of your PTR. Testing positive for alcohol or drug use is a common PTR violation. If you have an alcohol or drug use problem make sure you inform your PTR officer about the problem. The PTR officer will try to get help for you and such help could prevent you from violating you PTR conditions and being sent back to jail.

NO CONTACT ORDERS: Often in domestic violence, domestic battery and battery cases, the defendant is ordered to have no contact with the alleged victim. No contact means “NO CONTACT!” That means no direct or indirect contact, no letters, notes, email, phone or contact of any kind. Violations of no contact orders are taken very seriously by the Courts and can result in an arrest or additional criminal charges. So, make sure you comply with the no contact orders. Under some circumstances, no contact orders can be modified to allow nonviolent contact. In cases where the chances of future violence occurring is very remote, the Court may allow nonviolent contact between the parties. To get a no contact order modified to a nonviolent contact order, important procedures must be followed. Normally, your lawyer would file a “motion to modify” the no contact order. In some cases your lawyer may convince the state to “stipulate “ to change the no contact order to a nonviolent contact order. If there is no real danger of future violence and if it is in the best interests of all parties (such as husbands, wives, and children), then the Court will likely allow nonviolent contact between the parties.

Under current law in the State of Florida, a second battery offense can be enhanced to a felony, punishable by up to five years in prison. Under federal law, convictions of specified domestic violence charges can result in your not being allowed to possess a firearm. Domestic violence cases are treated very seriously by the criminal courts. Often an alleged victim will want to “drop” the charges against the defendant. In domestic violence cases, it is very difficult to get the state to drop the charges, once an arrest is made. Any attempt by the defendant to coerce or force the alleged victim to drop the charges is witness tampering. Witness tampering is a felony. So defendants should avoid even the appearance of unduly influencing alleged victims.

Thomas R. Mott

Areas of Practice

Mr. Mott’s Law Practice Includes and is Limited to All Areas Of Criminal Defense:

Misdemeanors are crimes with a maximum penalty of one year incarceration and/or $1,000.00 fine (or a lesser penalty)

Juvenile Delinquency:

Administrative Law:

Probation Cases:

Criminal record expungements

Governor’s pardons.

Executive clemency

Jail

Fines and Penalties

License Suspension

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