Is Tired Driving Illegal?

Hochman blogFlorida does not have laws in place against driving while tired (such as some states, like Texas, for example), but drowsy driving (the legal term for driving while tired) is extremely dangerous and should be avoided. The first week of September is designated by Florida Legislature as the Drowsy Driving Prevention Week, educating the general public of the dangers of drowsy driving. It also honors the memory of Ronshay Dugans, an eight-year-old who was killed by a bus driver who fell asleep at the wheel.

 

Falling asleep while driving is a serious issue and should be avoided at all costs.

 

The risks of drowsy driving include a delayed reaction time, impaired judgment and vision, lowered senses and abilities and nodding off (also known as micro sleeping) at the wheel, or in some extreme cases, actually completely falling asleep.

 

Drowsy driving is an issue for those who do not get enough sleep or get poor sleep. It can also occur when drivers are on the road at hours they would normally be asleep at (including daytime employees driving in the middle of the night, or vice versa). Those with sleep disorders and chronic sleep deprivation have an increased chance of accidents.

 

Drivers who are found to be drowsy driving at the time of the crash will be issued a Uniform Commercial Citation.

 

Make sure you get enough sleep before operating a motor vehicle. If driving long distances, take breaks and take a co-pilot with you. You can switch off to give yourself a break.

 

For more information about a Miami traffic attorney or red light camera violation attorney, visit Hochman & Goldin, P.A. online.

Driving Safety During Thanksgiving

Hochman BlogThanksgiving is just a few days away, meaning there will be a lot of drivers on the road on their way to visit their loved ones as well. Expect traffic to increase, as well as accidents on highways and smaller roads. It is important to be vigilant while driving when there are so many people out on the road. Here are a few tips to help make sure your Thanksgiving holiday is a fun and safe one.

 

However, if you receive a speeding ticket on your way to your in-law’s house, contact a Miami traffic ticket lawyer – we may be able to help.

 

If you are driving for long distances, be sure to get your vehicle checked out beforehand. A local mechanic/auto shop can do a performance check for fluids, the engine, headlights, brakes, turn signals, and tires. If there are repairs to be had, do not wait.

 

Take rest stops and designate a driver if you will be drinking. Traveling long distances will mean you will get tired. Take a break and stretch your legs or drink some water. It will help you stay alert. If you will be drinking at all during any holiday gathering, designate a driver. Even if it is one glass of wine, designate a driver. There will be many people on the road, and you want the driver to be as aware as possible to mitigate any issues.

 

Finally, be patient on the roads. No one wants to sit in traffic, but aggressive driving can land you a ticket (if that is the case, contact a Miami expungement attorney). Do not speed or tailgate other drivers. Frustration can cause drivers to make careless decisions in the name of getting to their destination faster, but stay calm, cool, and collected to help make sure you and your passengers, as well as others on the road, get to where they are going safely.

What Happens When You Get a Speeding Ticket as an Uber Driver

Hochman BlogWhen driving for Uber, the popular rideshare service that started in 2009, you must have your own car insurance. Uber, as a company, carries their own additional insurance to protect them should civil cases arise. However, there are some penalties when talking about minor infractions (speeding tickets or some at-fault accidents).

Whether you have already experienced an accident or infraction and need immediate help, or need the name number of where to go in case one does happen, contact a red light camera violation attorney from Hochman & Goldin, P.A.

Both Uber and Lyft, a competitor that started in 2012, have similar implications for what happens if a driver gets a speeding ticket while working. However, your rights do not change when working, and it does not mean you will lose your job. While customer complaints may follow, both companies have a policy that states drivers must have three or fewer moving traffic violations.

A defensive driving course may help with first and second offensives. Taking this course may get the infraction off your driving record. Keep in mind that just paying the ticket will keep it on your driving record and keep you at risk of your job (paying a ticket is pleading guilty).

A Miami traffic attorney can help you fight your ticket and help you have peace of mind as it concerns job security and your job as an Uber or Lyft driver. They can help you understand your legal rights and help you get tickets off of your record. Visit us online to learn more or to set up a consultation.

Frequently Asked Questions with a Miami Traffic Attorney

Hochman Goldin BlogIt is understandable that after receiving a ticket, no matter the type of traffic violation, that you will have legal questions. Before searching on google for hours on end and trying to find answers, enlist the help of a Miami traffic attorney. It is better to ask an expert than try to figure everything out on your own. Lawyers at Hochman & Goldin, P.A. are here to help.

 

  • I just received my ticket. What should I Do? The first thing you need to do is call a lawyer. We can help you with fighting your tickets and court. We start off each client with a free consultation, which will give you the space to ask any questions you may have about the legal process.

  • What if my ticket didn’t happen in Miami-Dade or Broward County? If you wish to challenge your ticket, then you do not need to have an in-person appearance in the county where the ticket was issued. However, a red light camera violation attorney from our firm currently only represents tickets from these counties. Our office is only able to provide adequate representation here, but we may be able to refer you elsewhere.

  • Can you ensure my case will be dismissed? We cannot guarantee that any case will be dismissed. Since each case is taken on a case-by-case basis, we are unable to predict with absolute certainty the outcome. However, we do have a money-back guarantee that refunds attorney fees (civil moving violations only) if we do not get points dismissed.

  • If I have already scheduled a court date, am I still able to work with you? Yes. We will be able to represent you on the date scheduled.

Driving With a Suspended License Florida

Hochman BlogMost drivers in Florida will go their entire driving careers without ever worrying about a license suspension. License suspensions are often the result of serious charges such as driving under the influence (DUI) charges, being found at fault for major accidents, or even refusing to comply with a court order to attend driving school. Florida law takes license privileges seriously, so if you are unsure whether your traffic ticket may be cause for concern, contact a Miami traffic attorney right away.

 

It is illegal to drive with a suspended license, no matter the reason for suspension. Consequences are usually as follows:

 

  • First offense: second-degree misdemeanor and a 60-day jail sentence, along with a fine of up to $500.

  • Second offense: jail time of up to one year and fines up to $1,000

  • Third offense: third-degree felony charge, up to five years in prison, and fines of up to $5,000.

 

However, if you want to reinstate your driver’s license, you will need to follow the guidelines set forth by Florida law. Florida statutes allow drivers to earn their driving privileges back following a suspension. Requirements will depend on the conviction and whether or not it is your first, second, or third suspension.

 

The first step is, unfortunately, to wait out the suspension. You cannot get your driving privileges back unless your suspension is over. Your only other option is to apply for a hardship license, but not everyone is eligible. Next, you will need to enroll in an Advanced Driver Improvement (ADI) course and complete any conditions that came with your charge, such as paying fines.

 

Major infractions typically cause license suspension, but if you are worried about your traffic violations, contact a red light camera violation attorney for help.

 

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.

Point System in Florida

Hochman BlogTraffic points in Florida keep track of violations a driver has committed. Points are added for each traffic ticket received. If a driver accumulates enough points, consequences such as license suspension may occur. If you find yourself facing license suspension, contact a Miami expungement attorney at Hochman & Goldin, P.A. – we may be able to help fight your ticket.

 

The point system is meant to encourage drivers to follow the rules of the road and avoid even the smallest offenses, as they can quickly add up. However, points are not added right away. They only get added to a record if the ticket is paid – ultimately being considered an admission of guilt – which is why it is important to have a Miami traffic ticket lawyer to help fight tickets you feel were unwarranted.

 

The following violations can add points to your license:

 

  • Speeding up to 15 miles per hour over the speed limit: 3 points

  • Speeding over 15 miles per hour over the speed limit: 4 points

  • If speeding causes a car accident: 6 points

  • Failing to yield to a pedestrian: 3 points

  • Littering: 3 points

  • Reckless driving: 4 points

  • Careless driving: 3 points

  • Not using child restraints correctly: 3 points

  • Failing to yield for a school bus: 4 points

  • If you flee the scene of a crash (over $50 worth of damage): 6 points

 

Points stay with you for three years, and if you stack up too many, you will likely face a license suspension of one yet. However, depending on the number of points on your record, the amount of time will differ. 12 points in one year may lead to 30 days, 18 points within 18 months could cause a three-month suspension, and 24 points in two years will likely result in a year-long suspension.

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.