How Can I Get My Florida Driver’s License Back after a DUI?
In Florida, drinking and driving is a serious offense. In most DUI cases, you will be required to pay penalties, have your vehicle seized, and, in certain situations, face jail time. What occurs as a result of your DUI is determined by the circumstances (such as blood alcohol content at the time, refusing to take a breath test, or having a minor in the vehicle). License suspension is another potential result of a DUI in Florida.
Even when a license is suspended in a DUI case, the conclusion, as to when you may be able to get your license back, varies depending on criteria such as prior convictions. According to Florida law, a first conviction can last anywhere from 180 days to one year, while a second conviction can last up to five years. If you have a third conviction, you will be facing a suspension for ten years. Many DUI cases will necessitate the services of a Miami traffic ticket lawyer to help you through the process.
However, once your suspension period has expired, you must follow these steps to reclaim your license at the DMV:
- On time payment of reinstatement and administrative fees.
- Proof of insurance.
- If a judge orders it, you must submit documentation of completion of a substance addiction treatment program or DUI school.
- Attend all court hearings and strictly follow any court directions or demands, such as community service hours. You will not be able to get your license back if you have not met the requirements set by a judge in court.
It can be unpleasant to have your license suspended, but it’s important to remember to do as the judge instructs.
Questions about other traffic violations? Contact a red light camera violation attorney.
How a Miami Traffic Attorney Can Help You Fight a Stop Sign Ticket
The law stipulates that every car that approaches a stop sign comes to a complete stop. Failure to stop at a stop sign is subject to a fine, which is normally between $70 and $200. Penalties, however, might be significantly increased if additional factors like school and construction zones are present. Additionally, your license will receive points, which will increase the cost of your insurance.
Even though it can be difficult to prove if someone stopped at a stop sign, there are a few possible strategies a Miami traffic attorney could employ to prove your innocence.
Avoiding a Reckless Driver
You might occasionally have to disregard the stop sign in order to avoid a dangerous driver. If this is the case, you may acknowledge that you ran the stop sign but highlight that you did so to avoid danger.
Contest the Situation’s Subjectivity
Although many judges in these situations tend to favor the authorities, you can offer eyewitness testimony or directly argue the point of view if you think you did make the requisite stop. Perhaps the police believed that you rolled through the stop sign when, in fact, you stopped 20 feet away from the line. If you can, make sure to capture the view from both ends.
Claim Error in Fact
You have to have broken the law in order to get a ticket. You may claim that you did not see the stop sign if it was out of your line of sight, covered in vegetation, or something else.
If you wish to contest a traffic violation, such as a stop sign ticket, or if you believe you received an unfair red light camera ticket, contact a red light camera violation attorney at Hochman & Goldin, P.A.
Failure to Yield Penalties and Consequences in Florida
Failure to yield is defined as when a vehicle fails to appropriately slow down or stop for a pedestrian who is crossing the road or for another vehicle that has the right-of-way. If there is no accident, damage, harm, or injury, this is normally charged as a noncriminal moving infraction, and fines and possible license points are assessed. If failure to yield leads in a collision that results in property damage, injuries, or fatalities, extra and more severe legal penalties may be imposed.
A violation of any failure to yield where there is no accident may result in a noncriminal moving penalty, according to chapter 318 of the Florida Statutes. There could be a $500 fine for doing this. Additional penalties and fines of up to $1,000 may apply if you fail to yield in places like schools or construction zones.
Citations for failure to yield may also result in license points and/or a suspension of the driver’s license. Traffic school may be required of drivers. In addition, drivers who are cited for a traffic infraction for failing to yield usually see an increase in their insurance premiums.
If there is an accident as a result of the failure to yield, extra fines may apply. This is especially true if there is a separate charge for speeding, dangerous driving, or driving while intoxicated. The magnitude of any property damage, vehicle damage, or injuries to third parties may also have an impact on the severity of the penalties.
If you are facing legal repercussions for failure to yield that results in an accident and you have doubts about the legality of the infringement, a Miami traffic ticket lawyer can help. Attorneys with experience in traffic law and moving infractions will have a thorough understanding of the relevant statutes and how law enforcement might interpret them.
If you wish to contest a traffic violation, such as a speeding ticket, or if you believe you received an unfair red light camera ticket, contact a at Hochman & Goldin, P.A.
New Florida Law Permits Authorities to Fine Drivers for Excessively Loud Music
As new legislation takes effect, streets all around the state of Florida are expected to become substantially quieter. This is because, effective July 1, drivers who listen to loud music while driving will be subject to get a ticket.
Drivers are now prohibited from turning up their car stereos so loudly that it can be clearly heard from 25 feet or farther. If they do, police may stop their vehicle and cite them for up to $114. The average car is roughly 15 feet long, therefore an officer has the legal right to issue a ticket to the driver in front of them if their music is heard.
A similar legislation was declared unlawful by the Florida Supreme Court in 2012 because it exempts commercial and political vehicles from penalties. There are no exceptions under the new law, although there are stiffer guidelines for driving near homes, churches, schools, and hospitals. The 25-foot guideline does not apply in those circumstances, therefore officers may issue penalties if they feel the music is merely “louder than necessary.”
Car horns and other honking noises, which are regarded as legal warning devices, will be exempt from the new law.
This update is brought to you by Hochman & Goldin, P.A. A Miami traffic attorney can assist you with criminal traffic violations, and our team is ready to answer your questions. Please call (305) 665-1000 to speak with a red light camera violation attorney.
Long-Term Consequences of a DUI in Florida
One of the first questions people ask themselves following a driving while intoxicated (DUI) arrest is how much it will cost them. However, there are a variety of long-term effects of a DUI that go beyond financial worries. These long-term consequences of a DUI include:
Jail Time
You could spend up to six months in jail, though the majority of first-time offenders do not. For repeat offenders or DUIs that result in harm or death, the potential penalty rises.
Employment
After a DUI, both your current and future employment are at stake. Your employer has the right to fire you after a DUI arrest since Florida is an at-will employment state. Additionally, your chances of finding work in the future will be hampered because the majority of businesses demand that applicants submit to background checks.
Professional Licenses
If you have a DUI conviction, some professional licenses may be revoked or rejected, which will hinder you from working in your preferred field.
Education
Any type of criminal conviction, including a DUI, may cause many institutions to reject applicants.
Housing
Background checks are frequently required of potential tenants by landlords and property management organizations, which could result in your application being rejected.
Child Custody
In conflicts over child custody, a DUI conviction may be used against you.
When looking at the cost of a Florida DUI, these additional consequences should be taken into account as they represent potential losses you stand to suffer.
If you have a traffic ticket you would like to fight, such as a speeding ticket, contact a Miami traffic attorney. If you have reason to believe you unfairly received a red light ticket, contact a red light camera violation attorney.
Why Fight Traffic Tickets in Florida?
Everyone who lives and drives in Florida is bound to receive a Florida traffic ticket at some point in their lives. Because traffic violations happen so frequently and most don’t result in a criminal record, people sometimes forget that paying the ticket isn’t necessarily the best option. A traffic violation can end up costing individuals who pay it a lot more money in the long run than if they had contested it. Here are two reasons why you should consider fighting your next traffic ticket.
Insurance Premium Increase
People tend to forget that each ticket has an associated point value. The more points you receive for a traffic violation on your driving record, the higher your insurance premiums will be. Each ticket will result in 3-6 points being added to your driving record. That implies a single ticket can add up to $300 to your annual premium or 20 percent to your insurance costs. Many individuals ignore that type of money because it is distributed over the course of a year, but it adds up to nearly $1000 over three years and $1,500 over five years.
License Revoked
With enough points, the state of Florida will eventually confiscate your license. 12 points is all it takes to lose your driver’s license. Many individuals have the misconception that getting 12 points on your driver’s license record is difficult. When you consider that numerous tickets can be written in a single stop, it isn’t. Speeding is punishable by four points. Driving over the speed limit while making quick or inappropriate lane changes because you’re late for work might result in an additional 3 points, 4 points for reckless driving. You can easily rack up 11 points in a single stop, and all it takes is a single failure to stop completely at a stop sign within a year to lose your license.
If you have a traffic ticket you would like to fight, such as a speeding ticket, contact a Miami traffic attorney. If you have reason to believe you unfairly received a red light ticket, contact a red light camera violation attorney.