Category Archives: Miami Expungement Attorney

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.

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.

 

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.

Florida Highway Patrol Launches TACT Campaign

need4speedSouth Florida drivers planning on speeding or possibly cutting off a fellow driver may want to think again about their decision. The Florida Highway Patrol (FHP) recently kicked off a campaign aimed at making the streets of South Florida a little safer for everyone. This campaign also involves giving drivers a bit of education when driving aggressively near large commercial motor vehicles such as trucks.

Called TACT (Ticketing Aggressive Cars and Trucks), FHP troopers will be ticketing drivers including truck drivers displaying aggressive driving behavior. This behavior may include driving or following too closely behind another driver, failing to make safe lane changes by not using signals or speeding. The campaign kicked off on the 11th of this month and will remain in effect until the 24th.

In other news, crashes due to distracted driving are up around the country by more than eight percent. Along with speeding and drunk driving, distracted driving remains one of the top causes of fatal traffic accidents. Per the National Safety Council, close to two million people suffered accident injuries during the first six months of 2017.

As always, stay safe and diligent when you’re on the South Florida roads and put aside your texting until you’ve reached your destination.

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.

Florida Has Strict DUI Penalties

iudDriving while under the influence is never a wise decision, and that is especially true in the state of Florida. A DUI is not only a major risk for the driver, it also puts the lives of fellow drivers at stake. A recent study shows that Florida is among the top twenty states when it comes to the strictest penalties involving DUI.

In 2015, nearly thirty percent of motor vehicle accidents were caused because of a drunk driver per the National Highway Traffic Safety Administration. Thousands of lives are lost each year, and Americans are forced to shell out over $40 billion annually. However, these fatalities have seen a considerable drop of more than fifty percent if we take a look at the period between 1982 to 2014. This sharp drop could be attributed to drunk driving penalties that are significantly harsher.

Florida does not have a specified amount of jail time for drivers committing a first time DUI offense. A second offense does carry the possibility of spending at least ten days in jail, and a third offense will result in an automatic penalty. After a DUI, a Florida driver risks having their license suspended for 180 days and their vehicle may also be impounded, along with a fine of $500 for an initial conviction. A second conviction carries an even higher fine of $1,000. There is also a strong possibility of car insurance increasing by as much as forty percent.

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 are ready to answer your questions. Please call 305-665-1000 to speak with one of the Miami criminal traffic lawyers today.

Red Light Cameras Return in Two South Florida Cities

luzRojaRed light camera programs are slowly being phased out, but a pair of cities in South Florida are seeking to do otherwise. Pembroke Pines is launching its program back up and will begin to issue tickets again on the 25th of the month. Boynton Beach also voted recently to turn the cameras on its red lights back on.

The two aforementioned cities join other Broward County municipalities such as Sunrise, Davie, and Tamarac as well as sixteen cities in Miami-Dade that continue to operate red light camera systems. Drivers that are caught running a red light may be fined $158. If the violation goes unpaid after sixty days, the traffic ticket fine will increase to $250, a fine that can be disputed in court.

While public safety is the reason for their use, the results of a 2016 report by the Department of Highway Safety and Motor Vehicles revealed that intersection accidents where red light cameras were present increased by ten percent compared to 2015. On the other hand, accidents involving pedestrians decreased by nearly twenty percent.

Nearly 800 cameras were in use in 2015. but that number came down significantly to 688 the following year. Despite the drop, citations increased to over a million.

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.

The Cost of a DUI Conviction

ycnaduyYou’re probably aware that if you are arrested or convicted of a DUI, you may have to deal with several costs associated with fines, court costs, potential attorney fees, and perhaps even the costs associated with jail time. While these are common, there is a tendency to forget about that other major cost: your car insurance.

Should you be convicted of a DUI, you can expect your car insurance rates to potentially skyrocket, assuming your insurer doesn’t outright cancel your policy. These costs may end up being more expensive than your lawyer or attorney fees.

Being convicted of a DUI means the Florida Department of Motor Vehicles will deem you a “high risk” driver and you will be required to provide something called an “FR-44” a certification from your car insurance provider. With this certification, a driver convicted of a DUI would pay significantly more for their policy due to the higher coverage, and they will be required to maintain this coverage for a minimum of three years. If you already pay high insurance rates, it’s one more reason to be responsible and drive sober.

If you’re facing a possible DUI conviction, give us a call to discuss your case and the options available to you.

This update is brought to you by Miami traffic ticketlawyer 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.

Avoid These DUI Mistakes

duiBeing pulled over for allegedly driving under the influence can cause a tremendous amount of stress. Being responsible and knowing what to do and what not to do can potentially save you from a world of stress. Make sure you don’t fall into the trap of making these DUI mistakes.

Don’t assume guilt. Even if the test shows you’re over the legal limit, refrain from assuming you’re guilty. There have been scenarios and situations where a breath or blood test could be considered inadmissible evidence. Should that happen, a jury would remain unaware of anything related to your breath or blood alcohol content. Even if the evidence is, in fact, admissible, there is no surefire guarantee of reliability or accuracy.

Don’t say too much. Attempting to talk your way out of a DUI charge may do more harm than good. You have the right not to speak to the law enforcement officer, but it will likely result in an arrest. If an officer asks you to get out of the vehicle because they suspect you’re driving under the influence, do as they ask. Consider limiting your responses to a polite yes or no and inform them that you would rather refrain from answering any specific questions.

Don’t drive against restriction. If you’ve been arrested because of a DUI, you’ll be able to drive without restriction for ten days provided you have the Uniform DUI citation while you operate the vehicle and have a valid license. After ten days you’ll be required to have a business purpose license issued by the DMV. Being caught driving without this permit will only exacerbate your problems.

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.

 

Don’t Risk a DUI, Use Ridesharing

unnamedWith plenty of people celebrating the Fourth of July next week, there will be many drivers on the road, including drunk ones, unfortunately. If you’re planning on drinking and don’t think you’ll have a designated driver available to help you get safely home, consider a ridesharing app such as Uber or Lyft so that you arrive home without risking a DUI or something worse.

If you are planning on ridesharing, there are certain rules of etiquette you should follow to make the trip more pleasant for you as well as the Uber or Lyft driver. For starters, don’t call for the ride until you’re ready. Making the driver wait is rude, and if you’re living in an area that may be hard to find, have the courtesy to text them.

Most, if not all Uber and Lyft drivers use their own vehicles to drive passengers around. Be courteous and clean up after yourself. If you eat something, don’t leave crumbs or a bottle behind. If you feel the driver did a good job or was especially courteous, Uber recently began rolling out tipping. Either consider leaving a tip or at the very least give the driver a good star rating for helping you get safely home.

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.

The 411 on Red Light Camera Tickets

redLightHere’s an interesting fact about Florida’s red light statute: the way that it’s enforced is not universal. Indeed, enforcement may vary depending on which city or county you happen to be in and how someone who has been ticketed goes about a resolution.

Much like speed traps, red light cameras provide a considerable amount of revenue for not only the city but also the state. These tickets result in thousands of drivers having their licenses suspended every year. What’s more, close to forty percent of these suspensions happen right here in South Florida, in Miami-Dade County to be specific according to the Department of Highway Safety and Motor Vehicles (DHSMV).

Recently, a judge suspended the licenses of more than ten Florida drivers who failed to pay the violation and also failed to show up to court once the violation became a Uniform Traffic Violation. Many drivers remain unaware of the tickets until it’s too late and they discover they’ve had their licenses suspended.

Per the DHSMV, over a million people received red-light camera violation notices in 2016. By the end of the year, over 300,00 of them were listed as unpaid. If the violation remains unpaid, it becomes a traffic citation, which does not carry any points but will appear on a driver’s record.

Do you have questions about red light camera tickets? Give us a call.

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.