Category Archives: 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.

Drive Safe During Prom Celebrations

promThis month, a number of high school students will be participating in the rite of passage known as prom. This means numerous teenagers will be out on the roads, and there are strong odds most of them will be using their smartphones to snap selfies and pictures of their experience. Since May is National Teen Safe Driving Month, it’s important that teenage drivers remember to focus their attention on the road, and not on their mobile device.

Research alarmingly shows many drivers are distracting themselves by taking selfies, sharing photos and videos on Instagram, and in some cases even video chatting while they’re driving. To avoid the odds of becoming a statistic, consider some of the following tips.

Sharing is caring, and one way to encourage friends not to drive distracted is to tag your pictures and videos with the hashtag #TagYourHalf. Research indicates that peer pressure may influence someone to stop using their phone while driving. The hashtag is a way of encouraging someone close to you such as a best friend from doing something they shouldn’t.

Consider using an app with a driving mode feature. AT&T has an app called DriveMode that is available to Android and iPhone users regardless of what carrier they’re on. The app will silence phone calls and alerts to lessen distractions. It is also intelligent enough to determine when a driver is stopped or the vehicle is in motion.

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 Miami expungement attorney.

 

Florida’s Distracted Driving Laws Fall Through the Cracks

yougonnaDieAre you fed up with drivers endangering the roads as they text? You’re going to have to put up with it for at least another year. Several bills aimed at distracted driving that were up for Florida Legislature review didn’t even make it to a hearing.

Some of the bills that failed to see any progress were HB 47 which would have given police the authority to ticket drivers caught texting while driving in a school zone. A law that would have allowed law enforcement to pull over drivers age 18 and under caught texting behind the wheel also failed to gain any traction.

And so, with little progress made towards stricter texting while driving laws, it will remain a secondary offense in the state of Florida. In case you don’t know what this means, it means a law enforcement officer must see the driver commit a primary offense such as running a stop sign or speeding before they are allowed to receive a texting citation.

The bills aside, distracted driving remains a major problem in the country. Fatalities due to distracted drivers increased by more than eight percent in 2015. In Florida alone, over 200 people were killed in 2015 crashes where distracted driving was involved.

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.

A DUI Conviction Will Follow You Around

duiConvictionThere is absolutely no reason why you should be receiving multiple DUI convictions. None. However, if for whatever reason you do have several, you may be curious about some things. For instance, what happens if you decide to move to another state?

To prevent any surprises, you should be aware that there is a risk of being denied a driver’s license in your new home state. You may be wondering why. Let’s say that because of your convictions, your license is currently being suspended for a certain amount of time. Despite moving to another state, the DMV will be aware of your conviction. How? It’s all because of a national registry where each state’s DMV shares information regarding its drivers. In other words, you’ll still need to resolve your Florida license suspension before you’ll receive your Georgia license, for example.

For those that have committed multiple offenses but have the option of a hardship permit, these people will need to enroll in Florida’s supervisory program. This program mandates that an ignition interlock device is installed in the vehicle. The driver will also be required to attend a monthly DMV interview based on the same length of the suspension. Put differently, you’re free to move to Georgia, but you’ll still be required to head back down to Florida every month.

Should you have any questions, consult an experienced Florida DUI attorney.

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 Miami expungement attorney.

 

Is the End of Red Light Cameras in Sight?

redLightIn 2020, drivers running red lights may no longer have to deal with the threat of red light cameras after the Florida House voted to ban it throughout the state. The bill will now be placed into the hands of the Senate.

Boynton Beach was the one remaining city in Palm Beach County to have red light cameras, which were phased out last year. In Broward County, Tamarac, Davie, Sunrise, and West Park continue to operate red light cameras. Over in Miami-Dade, just over fifteen cities still use the cameras.

Back in 2014, a state appeals court deemed the red light camera law unconstitutional, spurring a number of municipalities throughout Florida to end their programs. However, a separate appeals court ruled in favor of the cameras, which means the law may ultimately end up in the hands of the Florida Supreme Court.

The red light camera issue remains contentious among Florida politicians, with some citing the increased amount of rear-ending accidents that have only resulted in a negative fiscal impact. However, others point to its money saving benefits in scenarios where the cameras are much more cost effective versus having to hire additional police officers.

How do you feel about the red light camera program?

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 Miami expungement attorney.

Florida’s Risky Roads for Motorcycles

motorcycleThe National Highway Traffic Safety Administration (NHTSA) released statistics that once again paint a grim picture for Florida’s many drivers. These statistics show that “The Sunshine State” has the greatest number of fatal motorcycle crashes in the entire country.

Back in 2015, there were just over 600 motorcycle crash fatalities and more than 9,000 crashes resulting in injury. According to the statistics, fatalities increased by more than 25% compared from 2014 to 2015. On top of that, Miami-Dade County came in at number one for the greatest number of fatalities, followed by Hillsborough County and Broward County, with 48 and 42 deaths, respectively.

Motorcycle drivers believe a major reason for the sharp increase is distracted drivers being unaware of their surroundings. The NHTSA strongly suggests that drivers not only respect motorcycles but also allow them sufficient room. Perhaps most importantly, drivers should always keep their eyes on the road. The NHTSA also urges motorcyclists to wear protective gear to improve their safety, including helmets. Since 2000, Florida law does not legally require motorcyclists to wear helmets if they are over the age of 21.

Do you drive a motorcycle? If so, how safe do you feel when you’re on the busy South Florida roads? Have you ever had any close calls?

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 Miami expungement attorney.

Millennials Are Among the Riskiest Drivers

373281637Millennials may be the future, but if a recent report is to be believed, they’re also unsafe drivers. This report by the American Automobile Association (AAA) suggests millennials exhibit far riskier behavior than any other age group.

According to the AAA report surveying just over 2,500 drivers, more than eighty percent of millennials admitted to engaging in risky behavior behind the wheel during a thirty day period. This behavior included running a red light, speeding, or using their mobile phone while driving. This report follows another one released by the National Safety Council showing traffic fatalities increased by more than five percent last year compared to 2015.

It’s long been proven that talking on the phone or attempting to text while driving can significantly distract a driver. Once other factors such as speeding or rolling through stop signs are thrown into the equation, there is indeed a greater risk of traffic accidents or worse, fatalities. Drivers between the ages of 19 to 24 were more likely to drive ten miles over the speed limit as well as run a red light.

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. Please call 305-665-1000 to speak with someone about Miami civil traffic tickets.

Lawmakers Propose Even Tougher Laws for Drunk Drivers

371926732With drunk drivers continuing to plague the Florida roadways and increasing the risk of an accident, lawmakers are constantly trying to devise new ways to curb the problem. The latest measure being proposed by lawmakers would require first-time DUI offenders to have an ignition interlock device installed in their vehicle.

Called House Bill 949 (HB 949), the bill would require the device to be installed after the very first driving under the influence conviction. Lawmakers are also looking to make changes to SB 918, which would require the ignition interlock device for any drunk driver.

Currently, ignition interlock devices are only installed after the driver’s second offense, if it’s ordered by a judge, or if the driver has a content level of .15 or above. A second offense requires the device to be installed for a year, while four or more convictions extend that requirement to a minimum of five years.

Ignition interlock devices work by preventing a vehicle from starting by forcing the driver to blow into the device measuring his or her breath-alcohol content (BrAC). The vehicle will only start if the BrAC is below the legal limit, which is .08.

Supporters of HB 949 believe the bill could save lives. Per the National Highway Traffic Safety Administration, nearly 800 people died in drunk driving crashes in Florida in 2015. The CDC says ignition interlock devices reduce repeat drunk driving offenses by more than 60%.

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. Please call 305-665-1000 to speak with a Miami expungement attorney.