Category Archives: Blog

Intoxicated Horseback Riding May Result in a DUI

horseRoadGetting a DUI typically happens because the driver was caught operating a vehicle while under the influence. However, with Florida’s reputation for often making headlines for some unusual or amusing reasons, there are examples of people being arrested for DUI despite not having driven something like a car, truck, or motorcycle.

Two examples happened back in November of 2017. A woman was arrested for DUI when she was stopped after drivers caught her riding her horse on a highway. When law enforcement administered a breathalyzer, she was well over the legal limit. In another example, a man was charged with a DUI after erratically driving a lawnmower on the road with a case of beer in tow. He too was well over the legal limit when he was stopped.

Sure enough, taking a closer look at Florida statute 316.193 reveals that although a person must be driving or physically controlling a vehicle, there is no clear definition stating the vehicle is limited solely to a traditional automobile or a type of motor vehicle. It is indeed quite possible to get a DUI while riding a horse, a lawnmower, a golf cart, or even a motorized wheelchair.

To read more and see other examples, please visit https://blogs.lawyers.com/attorney/dui-dwi/can-you-get-a-dui-in-florida-if-youre-not-driving-a-car-53980/.

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.

Illegal Immigrants May Become Licensed Drivers

driveFlorida is once again generating national headlines, and you may have already read about the reason why. A bill was recently introduced into Florida’s House and Senate that would bestow driver’s licenses to immigrants regardless of their current immigration status. The bill would allow immigrants that may be here illegally to use documents such as a foreign birth certificate or an unexpired foreign passport to obtain their license.

The House bill sponsor believes the legislation will create a deeper level of trust with those that may be considered “marginalized” and it will also make the roads safer. The Florida Immigrant Coalition also backs up this belief, stating that permitting those without proper documentation to receive a license would “cement” trust in law enforcement. The group also believes that insurance premiums would be lower and the roads would be safer.

Only time will tell whether illegal immigrants will be able to legally drive on the Florida roadways. For now, at least, current state law requires that anyone wishing to obtain a driver’s license must prove they are a citizen of the United States or a resident alien.

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.

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.

FDOT Proposal Seeks to Ease Traffic

tollWould you pay a little extra to avoid traffic slowdowns? Express lanes such as those on I-95 are already intended to ease the flow of traffic, but what the state has in mind is quite different. Double-decker toll lanes are being proposed on the Palmetto Expressway, resulting in an express route between South Dade and State Road 836 with the goal of allowing drivers to pay money to avoid traffic tie-ups.

Similar to I-95, optional toll lanes would be used to fund a project stretching just over five miles set to be built about thirty feet above street level. These elevated lanes would be considered express lanes, providing a connection free of stops between 836 and the Don Shula Expressway to the north and south, respectively.

These proposed double-decker toll lanes are among the several options Florida’s Department of Transportation has been evaluating as a way to widen the Palmetto and create “managed” toll lanes near the current free lanes. Like I-95, prices on the optional toll lanes would fluctuate depending on the level of traffic congestion.

To read more, please visit https://www.miamiherald.com/news/local/community/miami-dade/article227309044.html.

This update is brought to you by Miami traffic ticket lawyer Hochman & Goldin, P.A. We can assist you with criminal traffic violations and we are ready to answer your questions and help you fight your ticket. Please call 305-665-1000 to speak with a Miami expungement attorney.

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.

 

Proposed Bill Targets Drivers Illegally Passing Buses

schoolBus (2)As Florida seeks to crack down on distracted driving by proposing tougher bills, another unrelated bill was filed last month in the Florida House. House Bill 849 would give school districts permission to outfit school buses with cameras able to record the license plates of drivers that pass the bus when students are boarding or getting off of the bus.

Despite the flashing lights and the visible stop sign that emerges, there are drivers that will ignore the signs and illegally pass the bus. Should the bill manage to make it through all of the hurdles and become law (expected to go into effect in October), law enforcement agencies would also have the authority to examine the camera footage, use it as evidence, and send tickets to the drivers that committed the offense.

To read more about the proposed bill, please visit https://www.wtxl.com/news/new-florida-bill-targets-drivers-who-illegally-pass-school-buses/article_09a41df0-33e4-11e9-862c-5fe370485c34.html. Have you ever seen a driver illegally passing a school bus? If so, how do you feel about the potential new bill?

This update is brought to you by the Miami traffic ticket lawyer team of teamof 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 speeding ticket lawyer 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.

Florida Bill Makes Bold Moves on Distracted Driving

distractedDrivingWhile Florida legislators look for ways to tackle texting and driving, another pair is looking to take things up a notch by also making it illegal to perform other actions such as applying makeup or even petting your pooch.

The state legislators believe Florida is in need of stricter laws when it comes to Florida’s roads. In order to ensure pedestrians and drivers are safe, the goal is to get rid of distractions when behind the wheel and concentrate solely on driving. Some of the examples of what would be considered illegal under the bill include reading, interacting with cargo that is unsecured, using a cell phone or any “personal wireless communications device”, writing, and the aforementioned pets and makeup. The bill also includes a clause mentioning “any other activity, conduct, task, or action that causes a distraction” that broadens the scope of what could be considered distracted driving.

It’s that clause that could lead to issues which could result in allowing a law enforcement officer to pull someone over for virtually any reason due to its subjective nature. For example, consuming food while driving could be construed as being distracted.

To read more, please visit https://www.tampabay.com/transportation/florida-lawmakers-target-no-nos-behind-the-wheel-texting-makeup-petting-your-dog-and-more-20190225/.

This update is brought to you by Miami traffic ticket lawyer Hochman & Goldin, P.A. We can assist you with criminal traffic violations and we are ready to answer your questions and help you fight your ticket. Please call 305-665-1000 to speak about Miami civil traffic tickets.

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.

The Deeper Ramifications of a DUI

duiWere you recently involved in a DUI offense? You may have a lot of questions on your mind as to how to proceed. Should you admit fault? Is there jail time? While these are things you should seek legal assistance with, there are other ways a DUI may affect you that you may not be aware of.

Travel. While a DUI conviction isn’t going to affect your ability to obtain a passport, it may present hurdles depending on where you’re going. Countries like Canada, for instance, may not allow travelers from foreign countries to enter the country, especially if it’s a recent conviction.

Background checks. Are you applying for a job? Your conviction may show up when a potential employer evaluates whether you’re worth hiring. Depending on the severity of the offense, it may prevent you from getting the job if a private employer has policies against hiring those with a criminal record.

Professional licenses. Are you looking to become the next successful real estate agent or a licensed healthcare professional? A recent DUI conviction could potentially prevent you from being able to obtain the license.

This update is brought to you by Miami traffic ticket lawyer Hochman & Goldin, P.A. We can assist you with criminal traffic violations and we are ready to answer your questions and help you fight your ticket. Please call 305-665-1000 to speak with a Miami expungement attorney.

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.

Explaining a Common Driving Scenario

road-2631249_1280It comes across as somewhat vague, which might make it trickier to figure out what that means when it comes to a potential violation. There’s a simple way to put it into an understandable context.

If you’ve ever driven in South Florida during an especially rainy day, you already know that it is important to drive a little slower and maintain a greater distance from the vehicle in front of you due to wet conditions. You’ve probably also noticed drivers zooming past you well above the speed limit and wondered why they would do such a thing considering the poor or dangerous conditions.

It’s worth remembering that the laws governing traffic were intended for when conditions are ideal. In other words, speed limits were devised for days when the roads are clear and the skies are blue. Hence, driving seventy miles per hour on a major highway during a massive rainstorm is not the wisest—or safest—thing to do.

This update is brought to you by the Miami traffic ticket attorney teamof 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 one of the Miami criminal traffic lawyers 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.

 

Florida Looks to Place Driverless Vehicles on the Road

driverlessSelf-driving vehicles remain the next frontier. As the technology continues to improve and become common in modern vehicles, a pair of Florida lawmakers are seeking to loosen the reins.

A new bill is being introduced which would permit self-driving vehicles to navigate the Florida roadways without a human being inside of the vehicle. A similar bill is also in the works to be introduced in the Senate.

A goal of the self-driving vehicle bill is to position Florida as one of the leaders in the testing of autonomous vehicles. With the legislation, ridesharing companies like Uber would be better able to work on and enhance the technology without having to deal with lots of regulations. The technology could potentially allow a passenger to watch television as they are being transported to their destination.

There are obvious concerns about driverless technology. Even as research continues to evolve the technology, it remains a worry as to whether these vehicles are indeed able to operate on their own with no one in them. There are reported instances of autonomous vehicles becoming “confused” or getting stuck when left to their own devices, necessitating a human to get them back on track.

As technology moves forward, don’t be surprised if you glance over at the vehicle to your left and notice there is no one in it.

To read more, please visit https://futurism.com/florida-law-self-driving-cars.

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.

Florida May Debut Electronic Licenses

android-1814556_1280If a pair of Florida state representative has their way, Florida may soon be able to proclaim itself one of the first states in the country to debut electronic driver’s licenses. The representatives are hard at work on a bill that would result in the creation of a state database with a driver’s license and insurance information.

Should the bill pass all of its necessary hurdles in the spring, one of its benefits would be allowing drivers to present their mobile phones versus the standard physical license when they are stopped for traffic or when they are going to a polling place to vote. It’s important to reinforce, however, that the driver would be required by law to have their physical license. The proposal would serve as something of backup if, for example, the driver forgot their license at home or it was lost.

The bill is also expected to have language in place that would prevent law enforcement officers from rifling through the phone for any other data besides examining the license. There are concerns that this requirement may be ignored.

To read more, please visit https://www.wesh.com/article/florida-could-enter-era-of-digital-drivers-license/25931116.

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.

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 Lacks in Highway Safety Laws

drive-1Most of us know by now that Florida’s reputation for safe roads and drivers is, to put it mildly, not a very good one. A report by The Advocates for Highway & Auto Safety (AHAS) recently examined how states rank based on their traffic safety laws. The states were evaluated on how many of the sixteen AHAS recommended road safety laws were implemented or enforced. States with fewer than seven were marked “red” while those with at least nine were marked “green”. Perhaps not surprisingly, Florida has earned the dubious honor of being among the worst, with a mere five of the recommended laws.

One of the notable laws that Florida didn’t have is the much-discussed law where texting and driving are considered a primary offense. While efforts continue to rectify this, the law remains, for the time being, a secondary offense.

The AHAS report follows Florida’s ranking as having some of the nation’s worst drivers. The state can find some solace in knowing that despite its poor AHAS report ranking, it still didn’t fare as badly as South Dakota which has just two of the sixteen law recommendations.

This update is brought to you by Miami traffic ticket lawyer Hochman & Goldin, P.A. We can assist you with criminal traffic violations and we are ready to answer your questions and help you fight your ticket. Please call 305-665-1000 to speak with a Miami expungement attorney.

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.