Tag Archives: Miami Traffic Attorney

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.

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.

Florida Gives Drivers a Break on Fees

waiverHurricane Irma has come and gone, but numerous South Floridians are still dealing with the storm’s effects. Because of the impact of the hurricane, the state is giving drivers some room to breathe by waiving certain fees. These waived fees include:

  • Delinquent fees resulting from a late driver’s license or vehicle registration renewal due to the storm or closure of offices.
  • Fees to replace an ID card or license that may have been lost due to the severe weather.
  • Fees for a duplicate vehicle registration or title certificate that may have been lost due to the severe weather.
  • The $10 print-on-demand fee typically charged for an expedited title for a total loss vehicle related to storm damage. This waiver will remain permanent for the time being. Any liens must also be satisfied.

In order to qualify for these waivers, drivers must visit one of the service centers. If you need to find one near you, the Florida Department of Highway Safety and Motor Vehicles website has a full list of which ones are currently open or closed.

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 red light camera violation attorney today.

 

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.

Career Risks of a DUI Conviction

dui (3)Being convicted of a DUI may lead to having a criminal record and possible suspension of driving privileges, but many drivers forget to take into consideration other factors. For example, how will a DUI affect your career? There are several ways your job may be compromised.

Being late. This is the most obvious. A DUI conviction may result in your license being suspended for several months. If you depend on your car to get to work as most South Floridians do, not being able to drive could make it significantly harder to get to work on time.

A blemish on your employer’s reputation. If you play a role in your job where you stand as a representation of your company, you’re essentially its face in many ways. A DUI conviction may not be looked upon favorably by your employer as it could cause harm to its image. As a result, there is a risk of being demoted or even being fired.

Your professional driving privileges. For those that drive commercial vehicles such as trucks for a living, a DUI conviction could result in job loss. Even individuals working as a real estate agent or a doctor are at risk, especially if a felony was committed.

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 red light camera violation attorney today.

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.

 

What Affects Your BAC?

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For those that aren’t already aware, Florida’s blood alcohol content (BAC) limit is .08. Many drivers may not be aware what it takes to reach that limit. While factors such as gender and weight do play a role, there is much more to it than that.

How strong your drink is. Let’s say you and your friend decided to toast with a twelve-ounce beer. You should be okay to get behind the wheel, right? Incorrect. Your friend decided to chug down a “light” beer with about 4.2% of alcohol while your drink consisted of about 15%. In this scenario, your friend should probably be the designated driver.

What you eat. We all know that consuming alcohol on an empty stomach is not a good idea, but have you ever wondered why? The food you consume helps with slowing down the rate at which the alcohol is absorbed into your blood. Hence, your odds of becoming inebriated or drunk are reduced.

How much time you spend drinking. While you’re busy consuming alcohol, your body is simultaneously absorbing it and eliminating it. Thus, if you pace your drinking over a longer period of time, your body is better equipped to eliminate the alcohol as it’s being absorbed, which can help with keeping your BAC levels in check.

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 red light camera violation attorneytoday.

Stay Safe This Weekend with Tow to Go

HelpForTheInebriatedWith many people likely to get Monday off, it’s going to be a long, festive weekend as we approach the Fourth of July festivities. Last time we discussed the importance of considering a ridesharing app to transport someone who may be inebriated. For those that may need an alternative to Uber and Lyft, AAA Auto Club is joining forces with Budweiser once again to launch their “Tow to Go” program.

Tow to Go allows drivers that have had a little too much to drink a safe ride. Best of all, the service will be free during the holiday weekend and drivers are not even required to be AAA members to make use of it. The program was launched back in 1998 and has helped over 20,000 inebriated drivers to stay off the roads, saving countless lives and making the roads a little safer for everyone.

There is certain Tow to Go guidelines to be aware of. The ride is limited to a ten-mile radius to a safe location and drivers cannot use it to make an appointment. The service is meant as a last resort and drivers are still expected to have a designated driver. Should the driver be too intoxicated to be transported safely, AAA may contact law enforcement for assistance.

The number for Tow to Go is 855-286-9246 and it begins on June 30th through July 5th.

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.

Miami’s Distracted Roads

livingDangerouslyDespite a greater number of states deeming it a primary offense, distracted driving continues to be a major problem. Per the National Safety Council, driving deaths have shot up by more than thirteen percent since 2015.

A company is looking to tackle distracted driving by using one of the primary reasons behind it: mobile apps. Calling itself DriveWell, the app will run in the background and is capable of measuring use by sensing when someone has the phone in their hand or when a vehicle is in motion.

Interestingly, DriveWell has also collected enough data to determine what roads have the most distracted drivers. Here in Miami, Brickell Avenue from Southeast 6th Street to 15th Street has the dubious distinction of being the most distracted stretch of road. Coming in second is a portion of 3rd Avenue in Coral Way from Southwest 12th Avenue to 24th Road while the north end of US1, from Brickell Avenue to Ponce de Leon Boulevard in Coral Gables comes in third.

The DriveWell is available for download but registration requires a token, so it may not be available for use to the general public if you’re curious to try it. Remember to keep your eyes focused on the road at all times.

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.

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.