Category Archives: Miami Traffic Attorney

What You Should Know About the Passing Lane

need4speedAggressive drivers are commonplace on South Florida’s roadways. Among the multitude of reasons for the aggression, a slow driver is certainly among them. Regardless of what drivers may have been lead to believe, “fast lane” on a highway do not exist. Instead, what we have is the passing lane which is intended to allow drivers to move past slower moving traffic and then return to the right lane.

While the passing lane may have its designated purpose, many drivers fail to use it properly, choosing to remain in the lane because they happen to be driving the speed limit. This scenario can lead to problems. Studies show that left lane drivers driving below the speed limit are a major reason for inducing road rage, trailing right behind drivers who text and those who tailgate.

What many drivers may not be aware of is that there is indeed a law (Florida State Statute 316.081) making it a noncriminal traffic infraction, punishable as a moving violation for any driver to stick around in the left lane while driving below the normal speed of traffic. The law is intended to cut down on road rage, prevent accidents, and allow the left lane to be used by vehicles moving at a faster speed so that traffic flow is improved and there is no need for a sudden or risky lane change.

If you do happen to be in the passing lane, at least consider possibly moving over for a rapidly approaching vehicle. You’ll reduce the odds of being rear-ended or becoming a victim of road rage.

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.

Make It Home Safely with Tow to Go

Tow2GoAre you familiar with AAA’s Tow to Go program? With the holiday season upon us, chances are there will be plenty of people participating in celebratory drinking. The program serves as another effective means of making the roads safer for everyone. The goal of Tow to Go is to ensure impaired motorists make it safely home during nights when there is a greater likelihood of impaired driving.

With Tow to Go, motorists can contact a AAA service to take them as well as their vehicle home if they feel they’ve had a little too much to drink. Unlike Uber or Lyft which are generally available at all hours of the day, Tow to Go does have certain caveats. It is only available on certain holidays such as Thanksgiving and the period between Christmas through New Year’s Eve. The impaired driver will only be taken a maximum of ten miles from their location and the rides cannot be booked in advance.

Most Tow to Go trucks can transport up to two people. As a plus compared to Uber or Lyft, there are free confidential rides available to members of AAA as well as non-members.

Despite the convenience of Tow to Go, motorists should still make sure they have a designated driver prior to drinking.

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.

Stay Safe on the Road This Holiday Season

finalDestinationToday, the Florida Department of Highway Safety and Motor Vehicles (DHSMV) kicked off its Holiday Travel Campaign aimed at ensuring drivers arrive at their destination alive. The holidays are especially active with travelers and it’s expected that millions of Floridians and tourists will be navigating the roads this month and next month. The DHSMV is joining forces with, among others, the Florida Department of Transportation to promote vehicle safety and driving responsibly.

Beginning this month and continuing throughout December, the DHSMV will make it a point to educate drivers on practicing behaviors promoting safe driving. This includes the importance of driving sober, using safety belts, checking the tires, and Emergency Contact Information registration. There will also be a strong emphasis placed on following speed limits, refraining from distracted driving, and the importance of reporting someone driving dangerously.

Will you be spending several hours on the road this holiday season? Be safe out there. If you need help with a DUI ticket or citation, we are here to help.

This update is brought to you by the Miami traffic ticket 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 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.

Will Texting While Driving Become a Primary Offense?

twdThere’s been a lot of talk in turning texting while driving into a primary offense here in Florida. Once again, a bill is being evaluated aimed at doing just that. Should the bill become law during the next legislative session, drivers could be ticketed and fined. For the time being, texting while driving remains a secondary offense which means drivers aren’t cited unless they’re stopped for another reason such as speeding.

As a means of illustrating the dangers of texting while driving, the Florida Department of Transportation (FDOT) assembled a group of teenagers, asking them to participate in a simulation involving a distracted driving scenario. In a concerning result, every teenager that participated ended up failing the simulation, “crashing” while looking at their phone.

Crashes remain the top cause of death among teenagers in the United States. Per AAA, over half of the crashes involved distracted driving, such as using a smartphone or interactions with a passenger. The FDOT has been paying visits to local schools to raise awareness of the issue. Lawmakers are also looking to enforce tougher texting while driving laws.

Several states already make texting while driving a primary offense while some have gone as far as outlawing talking on the phone while driving.

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.

Smartphones and Passengers Distract Teen Drivers

adolChoferObtaining a license is a rite of passage for most teenagers and a source of constant worry for parents. While teenagers are eager to start cruising the South Florida roadways, parents are aware that the freedom carries a modicum of danger.

Per the National Highway Traffic Safety Administration, teenagers comprise roughly five percent of Florida’s licensed drivers, but recent statistics show they were also involved in more than ten percent of crashes. These crashes remain the number one cause of death for teenagers throughout the country, with over 3,000 of them passing away last year alone. The reason for the alarmingly high numbers is one you may already expect: distracted driving.

According to research provided by the University of Iowa, the two major culprits for distracted driving among teenagers are talking to passengers to using their mobile phone. Lesser distractions include singing and dancing or grooming in the car. A study by AAA study also revealed teens were more likely to be operating their phone or looking down instead of talking or listening in the critical seconds leading up to a crash.

Parents may wish to discuss the dangers of impaired or driving with their teenagers. It’s also worth staying engaged as they learn the rules of the road and become better drivers.

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 someone at the Miami ticket law firm 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.

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.

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.