Tag Archives: Miami ticket law firm

Texting While Driving Ban Closer to a Reality

textingAfter years of getting nowhere in regards to creating more stringent distracted driving laws, Florida House bigwigs are set to introduce a bill this week that may finally turn texting while driving into a primary offense, according to a 10 News article.

Should the bill come to pass, law enforcement officers would be able to stop a driver if they catch him or her texting while driving. As we’ve previously stated, texting while driving remains a secondary offense in Florida, which means a driver would have to be pulled over for a different offense before they can be cited for texting and driving. This offense carries a $20 fine but no points to a driver’s license.

Florida House Speakers believe it’s about time Florida joins the 40+ states that currently recognize texting while driving as a primary offense, but only while keeping civil rights protections intact. That means officers would be required to obtain a warrant before they can access or confiscate a driver’s phone as well as being required to inform drivers of their right to refuse to have their phone searched.

The 10 News article also mentions a study worth mentioning as it reinforces how beneficial tougher distracted driving laws may be in Florida. After Oklahoma implemented its texting ban, crashes due to distracted drivers ended up dropping.

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.

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.

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.