Category Archives: Miami Traffic Lawyers

Florida Court Case Could Result in Blood Test Rule Changes

sangre-1The Florida Supreme Court will be hearing a case this week that could lead to significant changes in state rules regarding testing blood-alcohol levels in cases involving drunk driving. The case involves that of a man who was convicted and sentenced to just over fifteen years in prison for the 2010 traffic death of another man.

Among other things, the case will involve whether the Florida Department of Law Enforcement has adequate rules established to make sure that DUI cases involving blood-alcohol tests deliver accurate test results. The case arguments will focus in part on allegations that there are insufficient safeguards to prevent blood clots when blood is drawn, which may result in blood-alcohol levels that are artificially high.

Current blood-alcohol tests in today’s DUI cases go by a law generally known as “implied consent”. Under this law, people are essentially agreeing to a test of their breath or blood alcohol upon receiving their driver’s license.

If you have questions or concerns about your DUI case, please 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.

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.

The Lack of Turn Signal Usage

turnturnturnAs far back as the late 1930s, turn signals (also known as blinkers) have remained a staple of vehicles. Yet if you’ve spent any time navigating the South Florida roadways you’ve likely noticed that not many drivers tend to use them.

Turn signals are intended to indicate to fellow drivers that a driver is planning on either changing lanes or will be making a left or right turn. It can go a long way in reducing road rage, preventing collisions, and perhaps many drivers forget, it is also the law. Take a look at Section 316.155 of the Florida Statute and you’ll notice that using turn signals is legally not an option, but a requirement.

According to research provided by the Society of Automotive Engineers, failure to use turn signals results in over a million collisions each year in the United States alone, and that’s more than twice the number of collisions attributed to distracted driving. A reason for the lack of its use may be the culture permeating throughout South Florida. In many cases, a driver will signal a lane change only to see the driver speed up in an effort to prevent him or her from making the lane change.

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.

I-95 Express Becomes a Little Safer

59iIn a previous blog, we discussed the major and extremely dangerous issue on I-95 where drivers suddenly—and illegally—dart into the express lanes from the main highway to avoid traffic bottlenecks. In an effort to try and address the issue while deterring drivers, the state was planning to install additional poles.

Fast forward to 2017 and it appears the effort may be working. The Florida Department of Transportation (FDOT) has installed over 30,000 additional orange poles. The number of crashes in the I-95 express lanes has since dropped by nearly a third within the last six months. On top of that, traffic tickets for lane diving have also plummeted by over eighty percent. Lane diving is when a driver runs over the poles to exit or enter the express lanes.

As drivers ran over the poles, the wear and tear on the poles meant FDOT also found itself having to replace thousands of them on a monthly basis. The new highway poles are significantly sturdier and FDOT has also made it a point to convey the message that drivers risk receiving a ticket if they are caught lane diving.

Despite the presence of stronger and additional poles, always be diligent when traveling on the I-95 express lanes.

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 traffic lawyer today.

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.

Florida Driver Licenses Receive Major Makeover

newLicenseToday may end up being one of the few remaining days before Florida’s driver’s licenses receive a major facelift. Beginning in August, the Florida Department of Highway Safety and Motor Vehicles will begin issuing licenses and ID cards intended to provide better security.

While the primary goal may be security related, the license changes are also cosmetic. The front of the card will feature the state seal in a new pastel color and the state acronym over a plain white base. Flipping the card around, the back will have an image of Florida resting along the waves of the ocean and the year 1845, signifying when Florida entered the union as the 27th state. As for the driver’s portrait, the background will be transparent and it will appear in four different spots on the ID.

The new license design boasts close to double the protection against fraud compared to the existing design, including the use of ultraviolet (UV) ink.

Florida drivers with a current or recently renewed license won’t have to upgrade to the new design unless it is about to expire or they need to change their name and address. The rollout is expected to be complete by the end of the year.

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 speeding ticket lawyer.

What You Should Do If Charged with a DUI

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You definitely want to get in touch with a traffic attorney before proceeding any further. The following steps can also help with reducing the stress.

Make a note of the events. Your lawyer will need to know what happened from your perspective, and it’s easy to forget some of the details as the days go by. Having it written down will not only help to keep it fresh in your memory, it will also make it easier when the time comes to discuss your case with your lawyer.

Keep all documentation organized and readily available. From your traffic citation to any police reports or related receipts you may have, these can all prove to be vital tools for your lawyer in helping to build a solid defense.

Stay off social media. Remember that anything you post on social media could be used against you. With so many people willing to share details of their personal lives, any pictures or posts may end up as evidence to disprove your defense.

Drive safely. In other words, be responsible and don’t risk another DUI arrest while your current case is pending. Another arrest will not only result in a revocation of your pre-trial release on your pending case, it may also result in further penalties including time in jail.

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 traffic lawyer today.

 

Professional Drivers Should Always Have a Traffic Attorney

479364964Receiving a traffic ticket may not seem like a major issue, but it can be particularly troublesome for drivers that operate motor vehicles as a career. Hence, it is imperative that you never ignore a traffic ticket or citation when you receive one. Doing so could result in major consequences, including assumed guilt or even having your CDL license temporarily or permanently suspended.

If you drive a truck professionally, any violation(s) you commit can have serious implications against your driving record because you are held to a higher standard in a sense. CDL licenses should be protected at all costs, and that means having an experienced traffic attorney to help you with that seemingly minor ticket offense. In other words, any traffic ticket you receive could become a major problem in your career if you don’t address it properly.

It’s also important to keep in mind that as a professional driver, you must also deal with state specific laws. Once you’ve established a relationship with your traffic attorney, you’ll have an invaluable resource to make sure that you can focus on your job driving to and from your various destinations.

If you have questions about your traffic ticket, we’re here to help you resolve.

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 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.

Can Your Record Be Sealed or Expunged?

recordIf you are arrested because of a Florida DUI or a different charge, you may be concerned about the long-term ramifications and whether it will follow you around for the rest of your life. There is a possibility you may be able to have your record sealed or even expunged, provided you have never been found and/or adjudicated guilty due to a misdemeanor or felony.

A DUI expungement will depend on several factors, including whether or not your case resulted in one of the following:

  • Non-file
    • The state chose not to file formal charges.
  • Nolle prosequi
    • The state dropped the charges after they were filed.
  • Not guilty verdict

Should your DUI case result in something other than a non-file, nolle prosequi, or a not guilty verdict, but your case ended with a finding of guilt whereafter the court withheld adjudication, there is still the possibility of having your record sealed. However, your eligibility may change if you have had a previous arrest record sealed and have been convicted of a felony or misdemeanor.

If you’d like to look into possibly having your record sealed or expunged, the experienced team at Hochman & Goldin is here to help.

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 one of the Miami criminal traffic lawyers today.