Category Archives: Blog

Diverging Diamond May Ease South Florida’s Traffic Woes

choferCould the days of being trapped under overpasses, intersection blockages, or having to wait for several red light cycles to make a left soon come to an end? With Florida’s ambitious new Diverging Diamond, they may indeed. The state is getting ready to debut this new traffic pattern on certain expressways which requires drivers to drive on the “wrong” side of the road.

When a driver approaches, he or she will stop at a traffic light and then follow marked crossover lanes to the left, potentially creating an illusion of driving on the wrong side of the road. The driver would then be able to make a left turn onto an expressway or he or she would be able to simply continue forward until the lanes eventually lead the driver back to the right or “correct” side of the road. Traffic coming from the opposite direction would also experience the same scenario.

The Federal Highway Administration believes the Diverging Diamond Interchange is a faster and safer solution, but it also raises concerns. There is a possibility drivers may become confused or they may accidentally turn the wrong way at a crossover point.

A public awareness campaign aimed at introducing South Florida drivers to the Diverging Diamond Interchange traffic patterns is set to debut near the Dolphin Expressway is being planned for January of next year.

This update is brought to you by Miami traffic lawyer Hochman & Goldin, P.A. We can assist you with criminal traffic violations and are ready to answer your questions and help you fight your ticket. Please call 305-665-1000 to speak with a professional about fighting your Miami civil traffic tickets.

 

What You Should and Shouldn’t Do If You Get Pulled Over

doNotPassGoWe hope you never find yourself in a situation where you get pulled over by a law enforcement officer. However, should the situation arise then there are several things you should and should not do.

Making excuses and begging. You were pulled over for a reason, so do not make excuses. Always maintain politeness with the officer and make yourself as unmemorable as possible so that if you do indeed go to court, the officer doesn’t have additional reasons to potentially use against you.

Do not admit guilt. If the officer asks you the routine question as to why he or she pulled you over, politely tell them you don’t. Neither admit nor deny it. If you respond with the reason you were pulled over (i.e.: you ran the stop sign), that may be used as a confession and the officer may, therefore, note it on your traffic ticket, should you receive one.

Do sign the ticket. Once the officer writes the ticket, there is a possibility he or she may ask you to sign it. Signing the ticket is not an admission of guilt. Instead, you’re simply stating that the ticket has been received. Should you refuse to sign the ticket, you may be arrested. By signing the ticket, the Court ensures you cannot say that the ticket was never given to you.

If you’ve received a traffic ticket, we may be able to help! Give us a call today.

This update is brought to you by the Miami traffic attorney team of Hochman & Goldin, P.A. We can assist you with criminal traffic violations and we are ready to answer your questions. Please call 305-665-1000 to speak with a red light camera violation attorney today.

This information is provided for educational or informational purposes only and should not be construed as legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice.

Are You Being a Responsible Driver?

choferesUnfortunately, many Florida drivers often forget the basic rules of the road or neglect to read the driver handbook. It’s not unusual for a driver to cut someone off, potentially causing an accident because they failed to give or heed the “right of way”.

Examining Florida law, you won’t find anything explicitly discussing right of way, but it does mention who should yield based on the traffic scenario. Let’s start off with four-way stops. The first driver to arrive at the stop has the right of way in this situation. If a pair of drivers arrive simultaneously, the driver to the right is the one that should proceed first.

The majority of drivers are aware that emergency vehicles with their sirens always have the right of way. Drivers should also know that buses needing to merge back into traffic also have the right of way. Keep in mind that drivers, pedestrians, or those riding a bike must always yield to funeral processions.

These rules may be common knowledge, but drivers should also familiarize themselves with the rules of U-turns. If a driver is making a U-turn, he or she has the right of way over another driver that is trying to turn right on red.

This update is brought to you by Miami traffic ticket lawyer Hochman & Goldin, P.A. We can assist you with criminal traffic violations and we are ready to answer your questions and help you fight your ticket. Please call 305-665-1000 to speak with a Miami expungement attorney.

Florida Court Rules to Forgo the Felony

feloniousThe Boston Globe recently published an interesting article discussing a Tallahassee, Florida case involving driver’s licenses. Under normal circumstances, repeatedly driving with a license that’s been revoked will result in potential felony charges here in the state of Florida. However, it seems that may not be the case if the person behind the wheel never bothered to obtain a driver’s license in the first place.

Recently, the Florida Supreme Court ruled a driver cannot be penalized for repeatedly violating traffic laws if the driver never obtained his or her license. State lawyers believe this argument makes little sense.

The case involves a man who faced up to five years in prison after allegedly and repeatedly violating a law that makes it a third-degree felony should the driver be caught at least three times or more driving a motor vehicle with a license that’s been suspended or revoked. It turns out that the man never obtained a license. Hence, the unusual scenario is not covered in the law. Instead, the man will likely be charged a second-degree misdemeanor for each infraction.

This update is brought to you by the Miami traffic ticket lawyer team of Hochman & Goldin, P.A. We can assist you with criminal traffic violations and we are ready to answer your questions. Please call 305-665-1000 to speak with one of the Miami criminal traffic lawyers today.

This information is provided for educational or informational purposes only and should not be construed as legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice.

Miami’s Deadly Roads

muerteOn top of having some of the country’s worst drivers, Miami has earned yet another dubious distinction. Per a recent study, the city is also home to Florida’s deadliest road. That road is the nearly four-mile stretch encompassing the I-95 Express Toll beginning at Little River to the Golden Glades Interchange. Over 25 fatalities have occurred on this relatively small patch.

The reasons for the alarming number of fatalities on the road may have something to do with a major I-95 Express Lane problem: lane divers. Especially during traffic gridlock, drivers will illegally attempt to cross the delineators into the express lanes, creating a dangerous situation. The Florida Department of Transportation has taken steps to try and address the situation by making the gaps between the cones narrower, but there are still drivers willing to knock them down. The situation is severe enough there are bills being proposed to get rid of express lanes entirely.

Miami also has another pair of deadly roads and one of them is, once again, I-95. In this case, it’s a 7.88-mile stretch along the area of North Miami.

This update is brought to you by Miami traffic ticket lawyer Hochman & Goldin, P.A. We can assist you with criminal traffic violations and are ready to answer your questions and help you fight your ticket. Please call 305-665-1000 to speak with a Miami expungement attorney.

This information is provided for educational or informational purposes only and should not be construed as legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice.

 

DUI Injuries on the Decline

uberThere is some good news to report for once regarding DUI-related deaths and injuries. Thanks to the ever-increasing prevalence of ridesharing, these deaths and injuries are seeing welcoming declines here in the state of Florida.

While it’s hard to pinpoint one particular reason for the decline, the downward trend does seem to correlate with the rise of services like Uber and Lyft which are now commonplace and highly relied upon by numerous Floridians. Additionally, there are ongoing efforts to educate young drivers on the dangers of driving under the influence. Florida has also made it a priority to concentrate on DUI enforcement. Collectively, these factors go a tremendously long way in making Florida’s treacherous roads a little safer for everyone.

While Uber and Lyft remain the kings of ridesharing, there are additional ways to potentially navigate the roads a little safer or at least save some money. The popular GPS navigation app Waze recently launched a new carpool service appropriately called Waze Carpool. Intended for commuting to and from work, users enter their destination which then shows if there are any other people headed in the same direction. If you find a driver that works near you, you can carpool for a reasonable fare. Do keep in mind that unlike Lyft and Uber, these drivers are not background checked.

This update is brought to you by the Miami traffic ticket lawyer team of team of Hochman & Goldin, P.A. We can assist you with criminal traffic violations and are ready to answer your questions. Please call 305-665-1000 to speak with a Miami speeding ticket lawyer today.

 

DUI and Public Intoxication

duiHere is a scenario a driver may run into: he or she is arrested for public intoxication. The officer knows the person drove to the location but may not have actually seen the driver in the car. In such a scenario, can the driver still receive a DUI charge?

Chances are that yes, there is a possibility as circumstantial evidence can be used to support the case. In most standard DUI cases, it is required that it be proven beyond a reasonable doubt that the defendant was indeed under the influence or intoxicated while he or she was driving. If the defendant happened to be intoxicated prior to or afterward, it doesn’t necessarily prove he or she may have been intoxicated while they were driving. It’s important to emphasize that the word ‘while’ factors heavily in these cases, and they all differ based upon the circumstances. Your best bet would be to consult a traffic or DUI attorney who can provide better clarity and discuss what your options are.

This update is brought to you by Miami traffic attorney Hochman & Goldin, P.A. We can assist you with criminal traffic violations and are ready to answer your questions. Please call 305-665-1000 to speak with someone at the Miami ticket law firm to help you with your case.

This information is provided for educational or informational purposes only and should not be construed as legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice.

When Will Tolls Be Reinstated?

phantomTollboothIt’s been nearly two weeks since Florida Governor Rick Scott decided to halt tolls to expedite Hurricane Irma evacuation efforts. Now that the storm has come and gone, the question many drivers may be wondering is, when will the tolls kick in again? For the time being, state officials do not have a concrete answer to that question as the ultimate decision lies with the governor. Rick Scott suspended tolls “for the duration of the storm’s impacts to Florida.”

The Hurricane Irma evacuation made history as Florida’s largest ever. The toll lifting probably did residents a tremendous favor in giving them a break prior to, during, and even after the storm as many Floridians deal with the hurricane aftermath such as a lack of power.

On a typical day, Florida charges tolls on the turnpike. The Miami-Dade Expressway Authority (MDX) also oversees toll charges on five of the expressways including the Dolphin Expressway (SR 836) and the Gratigny Parkway (SR 924). MDX is currently awaiting word from the governor before reinstating tolls on the roadways it oversees. These roads are among the most traveled in the county.

Drivers that may have seen the strobe lights that normally flash when passing through a toll should also rest assured that no tolls were/are being charged. The lights are simply for post-hurricane damage testing purposes.

This update is brought to you by Miami traffic ticket lawyer Hochman & Goldin, P.A. We can assist you with criminal traffic violations and are ready to answer your questions and help you fight your ticket. Please call 305-665-1000 to speak with a professional about fighting your Miami civil traffic tickets.

Florida Gives Drivers a Break on Fees

waiverHurricane Irma has come and gone, but numerous South Floridians are still dealing with the storm’s effects. Because of the impact of the hurricane, the state is giving drivers some room to breathe by waiving certain fees. These waived fees include:

  • Delinquent fees resulting from a late driver’s license or vehicle registration renewal due to the storm or closure of offices.
  • Fees to replace an ID card or license that may have been lost due to the severe weather.
  • Fees for a duplicate vehicle registration or title certificate that may have been lost due to the severe weather.
  • The $10 print-on-demand fee typically charged for an expedited title for a total loss vehicle related to storm damage. This waiver will remain permanent for the time being. Any liens must also be satisfied.

In order to qualify for these waivers, drivers must visit one of the service centers. If you need to find one near you, the Florida Department of Highway Safety and Motor Vehicles website has a full list of which ones are currently open or closed.

This update is brought to you by the Miami traffic attorney team of Hochman & Goldin, P.A. We can assist you with criminal traffic violations and are ready to answer your questions. Please call 305-665-1000 to speak with a red light camera violation attorney today.

 

Do You Know the Laws Regarding Cannabis DUI?

cannabisFor drivers concerned about what the laws are in their state regarding cannabis, each one has its own distinct laws. However, many states may consider having any level of THC in a driver’s bloodstream to be driving under the influence.

Here in Florida, a person who chooses to drive in the state has implied consent to a blood or urine test. Should a driver refuse to submit to the test, it could be considered a misdemeanor and is punishable by having the license suspended for a year as well as spending a year in jail. A subsequent refusal could result in a driver’s license being revoked for up to eighteen months.

There are certain penalties that apply based on the offense. A first offense means the driver may spend up to six months in jail, among other penalties. A second conviction carries a possible maximum of nine months in jail plus additional penalties if it is within five years since the first offense. The person will also be required to spend ten days in prison. A third offense within ten years is considered a third degree felony and carries a mandatory imprisonment of at least thirty days or up to five years. In addition to fines, the driver may also have their license suspended for ten years. Fourth and subsequent offenses will result in fines of no less than $5,000, prison time, and the driver having their license permanently suspended.

This update is brought to you by Miami traffic ticket lawyer Hochman & Goldin, P.A. We can assist you with criminal traffic violations and are ready to answer your questions and help you fight your ticket. Please call 305-665-1000 to speak with a Miami expungement attorney.

This information is provided for educational or informational purposes only and should not be construed as legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice.