All posts by admin

Animal Collisions are on the Rise in Florida

Hochman BlogAccording to a recent report by State Farm, collisions with animals have gone up nearly 30% (July 2020 to June 2021), amounting to a total of 50,800 claims, where last year’s number sat just below 39,000. While much of Florida is urbanized, much of it still remains rural, giving way for more opportunities for collisions. Most animal collisions occur between the months of October and December and typically involve deer, dogs, cars, farm animals, and certain rodents.

Since these accidents are quite common, especially at night, here are a few tips to follow to avoid needing a Miami traffic attorney.

  • Make sure your speed is low enough that you could stop at a moment’s notice should an animal hop into the road. This is a particularly important safety measure when driving on long stretches of road at night in desolate areas.
  • Use high beams at dusk and dawn.
  • Wear your seatbelt – it could save your life!
  • Avoid swerving if you do see an animal as serious crashes often result when drivers swerve to avoid hitting the animal – crashes with other vehicles or losing control of the vehicle can occur.

Exercise caution in areas where animal populations are high. However, you should always be alert and aware when driving.

This update is brought to you by Hochman & Goldin, P.A.,  red light camera violation attorney in Miami. For more rules of the road and driving tips, please visit us online.

Is it Legal to Record Police?

Hochman BlogWith many reports showing that interactions with police can go awry, you may be considering whether or not it is legal to record police should you have your own run-in with them. Staying calm in any scenario is important to reduce the chances of an unnecessary escalation, but filming may provide some with comfort in having a solid piece of evidence should they need it.

 

Florida Statute 934.03 prohibits the international interception of any electronic communication, whether via wire or orally. Violations can result in a third-degree felony. However, there is an exception to this rule – if all parties to the communication give their consent. If verbal communication is protected under this statute, the individual speaking must have reasonable expectations of privacy. Society must also see that expectation as reasonable given the circumstances.

 

This statue can get confusing, but most people may consider it if they feel a routine traffic stop occurs. Taking photos of an accident or where you stopped at a stoplight or stop sign does not fall into this category if it does not involve anyone else. With simple traffic violations, a Miami traffic attorney may be able to help.

 

To put it simply, if you are in a public place where others can see what is occurring, and you are legally allowed to be in that place, you may record if it does not interfere with police activity. If you are on private property, you must ask permission first.

 

Even if you have the legal right to record, proceed carefully. Before recording, say so.

 

Like those that would need a red light camera violation attorney, most traffic offenses will not need police recording to support claims. Always proceed with caution when filming police and speak with your lawyer further about your legal rights.

Are Red Light Camera Tickets Enforceable?

Hochman BlogMany times, the reason people run lights is not purely out of a lack of care for one’s safety or the safety of others, sometimes, it happens due to a quick decision to protect the safety of the driver or others. Many drivers approach intersections and must decide if it is safer to pump the brakes or continue through a light – significantly if they quickly change from green to yellow. Sometimes drivers are taken by surprise by how fast the intersection light turns yellow.

 

In any case, some may wonder if these tickets are enforceable. Many drivers are faced with red light camera tickets that may need a red light camera violation attorney to dispute.

 

Red light camera tickets are enforceable in Florida. You will be required to pay the fine or contest the ticket within the 60-day time frame upon receiving your ticket. However, unlike other traffic citations that may need a Miami traffic attorney, red light camera tickets do not also give points to a driver’s license. If you want to contest your ticket, it is likely that you will either be going not guilty or will receive an “adjudication withheld” requiring you to pay less than the total amount of the original fine/ticket. In some cases, you may be required to attend driving school.

 

This information is provided for educational or informational purposes only and should not be construed as legal advice. The information is not provided during an attorney-client relationship and is not intended to substitute for legal advice.

What Happens if You Drive With a Suspended License

Hochman BlogDriver’s licenses are practically a necessity. Driving allows us to have reliable transportation to work and school while helping us maintain other important aspects of life. So, when someone has a suspended license and needs to get somewhere, driving even when they should not is tempting – but what actually happens when you drive with a suspended license? Is it a minor traffic offense or potentially serious?

In Florida, driving while your license is suspended or revoked may be considered a criminal offense, with jail time and fines possible if you are proven to know before the incident that your driving privileges no longer existed. Simply being unaware of a suspension will cause you a moving violation, in which case you would need to plead guilty and pay the fine, leading to potentially serious implications down the road. Therefore, the help of a Miami traffic ticket attorney is essential.

The first time someone is caught driving with a suspended license often results in a second-degree misdemeanor, with up to 60 days in jail and/or a fine of up to $500. A second offense elevates to a first-degree misdemeanor, with up to a year of jail time and or fines of up to $1,000. If you are caught a third time or more, the third-degree felony can result in five years of prison time and fines upwards of $5,000.

If you have had a ticket in the past, expunging your record may help you finally feel free of the offense. Contact a Miami expungement attorney from Hochman & Goldin, P.A., to find out more.

Vehicle Standards on Florida Roads

Hochman BlogA few boxes need to be checked on your vehicle’s maintenance list before you can safely drive on Florida roads. This involves brake lights, horns, windows, signals, and other equipment and ensuring they are in proper working condition. Otherwise, law enforcement has grounds to pull you over and issue a ticket.

 

However, if you believe you unfairly received a traffic ticket, contact a Miami traffic attorney for assistance.

 

Cars are required to have two braking systems, and each must be able to stop the vehicle on their own. The parking and emergency brakes need to be strong enough to hold cars on hills and allow for stops within the appropriate amount of distance. If brake issues were not a factor in an accidental red light, but you still received a ticker, a red light camera violation attorney may be able to help.

 

All vehicles are required to have the following lights:

 

  • Bright (high-beam) headlights

  • Dimmed (low-beam) headlights

  • Two red taillights mounted to the rear

  • One white light that allows for license visibility

  • Two red spotlights that are visible in the daylight and turn on when the foot brake is pressed

 

Other necessary components of proper vehicle operating parts include working horns, windshield wipers, safe windshields (not treated with any material, must not be covered, and must be free of stickers not required by law), blinkers must be in operation, and your car must have one rearview mirror.

 

Keeping your car in top working condition will help prevent you from maintenance and safety issues, as well as traffic tickets.

Driving Curfews in Florida

Hochman BlogWhile those 16 and older can drive alone once they have a driver’s license, Florida law has curfews in place for young drivers. These laws are supposed to reduce the risk of accidents while driving and promote safety among teen drivers. Curfew laws apply to teens ages 15 (learner’s license) to 17 years of age.

 

Those with a learner’s license are only permitted to drive during daylight hours for the first three months following the issuance of a learner’s license. After the first three-month period, drivers with a learner’s license may drive until ten at night. Drivers with a learner’s license must have a licensed driver who is 21 years of age or older with them at all times.

 

16-year-olds with a valid driver’s license are not permitted to drive between 11 pm and 6 am. Exceptions to this law are if the driver is returning from or driving to work or if there is a licensed driver aged 21 years or older present.

 

Drivers with a valid driver’s license at 17 years old are not permitted to drive between 1 am and 5 am. Exceptions to this rule remain the same as 16-year-old privileges – unless accompanied by a driver aged 21 years or older or is driving to and from work.

 

This information is provided for educational or informational purposes only and should not be construed as legal advice. A Miami traffic attorney may be able to assist you with criminal traffic violations, and our team is ready to answer your questions. Please call 305-515-5284 to speak with a red light camera violation attorney today.

 

Defensive Driving FAQs

Hochman BlogIf you recently received a speeding ticket, you will probably have the option to take defensive driving to reduce points added to your license. Defensive driving courses allow drivers to learn more about the possible hazards on the road, how to anticipate them, and how to respond safely. It is a relatively low-cost option and will likely cost less than your traffic ticket. There is always room to learn more about driving and to refresh your knowledge. Still, if you have never taken it, you may have some questions.

 

If you recently received a traffic ticket and defensive driving is not an option for you, contact a Miami traffic ticket lawyer.

 

  • How long do I have to take defensive driving? You have 30 days upon receiving a ticket to pay fines to the Clerk of Court in the Florida county where you were issued the ticket. After paying fines and choosing a traffic school, you have from 60 to 120 to complete the course, depending on the county.

  • Am I still required to pay fines for my ticket? Yes, you must pay fines for the ticket within 30 days of receiving the ticket.

  • Can I take defensive driving for two tickets at the same time? No, you are only able to take defensive driving for one ticket, therefore you should choose the ticket that will end up giving you the most points.

  • Can I get points removed from my driving record? Typically you are not able to remove points from a Florida Drivers License. Defensive driving allows you to avoid points. Your case will remain open until you complete the course. Upon completion of the course, your case is closed and replaced with an Adjudication WIthheld status.

 

If you also have a red light ticket, a red light camera violation attorney at Hochman & Goldin may be able to help. Visit us online for more details or to request a consultation.

School Zone Driving Laws

Hochman BlogSchool is back for Floridians across the state and a special set of driving laws along with it. Roads will undoubtedly become more crowded in school zones, with the highest times for traffic being the morning and afternoon. There will also be a large increase of pedestrians, cyclists, and school busses that drivers should be cautious of in and around school zones.

 

A recent AAA survey found that fifty-six percent of drivers pass a school zone on their daily commute, but that they also engage in risk behaviors when driving, such as speeding in active school zones and using cell phones while driving through those zones. If you are facing a traffic ticket, a Miami traffic ticket lawyer may be able to help.

 

Aside from speeding and the use of cell phones, many drivers do not heed the warnings and laws associated with school busses. Drivers must stop when approaching a school bus with red flashing lights on and the STOP arms out. However, nearly twenty-eight percent of Florida drivers drive around buses in these circumstances or cut off a bus because of its low speed. However, if you were given a traffic ticket in these circumstances, a Miami expungement attorney may be able to remove the ticket from your record.

 

Both two-lane and multi-lane paved across medians are areas that require drivers to stop for a school bus. However, in a divided highway, vehicles driving the opposite way across the highway do not need to stop but instead should yield.

How Can I Get My License Back After a DUI?

Hochman BlogDrinking and driving is a serious matter in Florida. In most instances of DUI charges, you will be responsible for paying fines and may have your vehicle impounded, and in some cases, jail time. What happens as a result of your DUI depends on the situation (such as blood alcohol content, or BAC, at the time, refusing to take a breath test, or having a minor in the vehicle). Another common consequence of a DUI in Florida is license suspension.

 

Many cases of DUIs will need an attorney. A Miami traffic attorney may be able to help.

 

In each case of a DUI, even when a license is suspended, the outcome, as to when you may be able to have your license back, differs based upon factors such as prior convictions. Florida law states that a first conviction lasts anywhere from 180 days to one year, while second convictions can run five years. If you have a third conviction, then you are facing ten years of suspension.

 

However, once your suspension has reached the end of its time, it is important to follow these steps to get your license back at the DMV.

 

  • There will be reinstatement and administrative fees. Make sure you pay for these on time.

  • You will be required to provide proof of completion of a substance abuse treatment program or DUI school if ordered by a judge.

  • Provide proof of insurance.

  • Attend all court days and carefully follow instructions or mandates from the court, such as community service hours. If you have not completed what was appointed by a judge in court, you will not be able to get your license back.

 

License suspension can be a hassle, but it is important to remember to follow ordinances given by a judge. If you have questions regarding other license suspension or other traffic violations, contact a red light camera violation attorney at Hochman & Goldin, P.A.

 

Ways to Fight a Stop Sign Ticket

Hochman Blog

Any vehicle that comes to a stop sign is required by law to come to a complete stop. There are minor penalties for failure to stop at a stop sign, typically resulting in a fine between 70 and 200 dollars. However, if there are added variables to the scenario, like school and construction zones, penalties can be much higher. You will also have points added to your license, causing insurance rates to rise.

 

Sometimes it is difficult to prove whether you stopped at the stop sign, but what if you know you are innocent? Here are some possible ways a Miami traffic attorney can help you prove your innocence.

 

  1. Prove it was justified: sometimes, you may need to forgo the stop sign to stay clear of a dangerous vehicle. If this is the case, you can admit to running the stop sign but emphasize that it was done to keep out of harm’s way.

  2. Challenge the subjectivity of the situation: Though many judges tend to side with officers in these cases, if you believe you did make the required stop, you can provide eyewitness testimony, or challenge the point of view, literally. Maybe what the officer saw from their perspective was that you roll through the stop sign, but in reality, you stopped 20 feet from the line. Be sure to take pictures of the perspective on both ends if possible.

  3. Mistake of fact: to receive a ticket, you must have broken the law. If the stop sign was not in plain sight, hidden by foliage or something else, you could argue that you did not see it.

 

If you wish to contest your ticket, contact a red light camera violation attorney at Hochman & Goldin P.A. before pursuing a case.

 

This information is provided for educational or informational purposes only and should not be construed as legal advice. The information is not provided during an attorney-client relationship and is not intended to substitute for legal advice.