Category Archives: Blog

DUI Arrest Raises Potential Questions About Vehicles

ingo-doerrie-s664bXr_5E0-unsplashA Florida man recently made the news after being arrested for allegedly driving under the influence (DUI). While yet another DUI arrest in Florida is nothing new, the vehicle the man was caught driving is not the standard automobile. Instead, the man was driving a lawnmower. According to the news article, it was the sixth time the man was arrested for DUI but marked the first time he did so on a lawnmower.

Depending on your familiarity with Florida law, you may be wondering how someone could be arrested for driving a lawnmower. However, if you do some research, you’ll find that what constitutes a “vehicle” is broad. Besides common vehicles like a scooter, there is the possibility of being arrested if you are intoxicated and are caught riding or driving or something like a golf cart, an all-terrain vehicle, and—although potentially rare—a horse.

Always make sure you’re driving sober and following the Florida laws, whether it’s a standard automobile or even a lawnmower. To read more about the Florida man, please visit https://www.fox13news.com/news/holmes-beach-mans-dui-arrest-is-his-sixth-but-first-one-on-a-lawn-mower.

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.

Breathalyzer Results May Be Challenged

unnamedIn the event you are pulled over for being suspected of driving under the influence (DUI), chances are you’ll be asked to take a breathalyzer so that the law enforcement officer can determine whether your blood alcohol concentration exceeds the legal limit. If it is higher, you may be arrested and be charged with DUI.

Because breathalyzer results are a major piece of evidence in your DUI case, you may believe there is no way to defend yourself. However, there may be scenarios where the breathalyzer’s accuracy or admissibility may be challenged.

For example, the breathalyzer may not have been calibrated or cleaned properly. Results can vary based on when the device was last calibrated. Hence, a device that is off by .03 grams could be a major factor proving that you were below the legal limit. It’s also important that the officer who administered the breathalyzer has been thoroughly trained in its proper use. If the officer failed to administer the breathalyzer the way they were legally supposed to, the results may be challenged due to a potential lack of accuracy.

A DUI lawyer is a useful resource in helping you fight your DUI case.

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.

 

Florida Makes the List of Worst Drivers

logan-driskell-Jay_nrtCjYI-unsplashThe website SmartAsset recently released its 2020 report naming the states with the worst drivers. While Florida didn’t earn the top spot, it still managed to earn the dubious honor of being named among the top ten, coming in at a fourth place. The top three spots were taken by Mississippi, Nevada, and Tennessee, respectively.

Among the study, Florida had the lowest rate of drivers cruising the roads with insurance at just over seventy percent. Interestingly, the state also came in tenth highest in Google searches related to tickets.

Several distinct metrics were used to determine the list of states with the worst drivers. Among the items taken into consideration were the percentage of insured drivers, how many driving under the influence (DUI) arrests there were for every 1,000 drivers, the amount of fatal accidents per 100 million miles that were driven, and how often locals were using Google to search for terms like “speeding ticket” or “traffic ticket”.

The full SmartAsset report including the rankings for all fifty states can be viewed at the following link: https://finance.yahoo.com/news/states-worst-drivers-2020-edition-110036757.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.

Miami-Dade Drivers May Need to Pay for Red Light Tickets

alex-king-lbwjS4QdpNU-unsplashAfter a Florida appeals court recently ruled that specific compliance procedures in more than a dozen cities did not violate the requirement that Florida’s traffic laws be uniform, numerous Miami-Dade drivers may find themselves having to pay hefty fines as a result of red-light camera tickets.

A panel of three judges ruled in favor of Aventura and against a driver contesting his ticket, arguing that the hodgepodge of enforcement procedures was not compliant with state law. In 2018, a Miami-Dade County Judge accepted the driver’s claim, a decision that had previously left red-light tickets in a state of legal obscurity and resulted in the appeal process.

With the appeals court ruling, Aventura as well as other cities in Miami-Dade can technically proceed with collecting fines from numerous red-light camera violators in recent years. However, that effort might count on the outcome of a likely appeal that looks like it’s bound for the Florida Supreme Court.

To read more about the recent ruling, please visit the following link: https://www.miamiherald.com/news/local/article243769087.html.

This update is brought to you by the Miami traffic ticket lawyer 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 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.

Obtaining a DUI Police Report

dui-40566_1280Should you be charged with a DUI, one of the initial steps to take beyond contacting a DUI lawyer is to request a copy of the police report. This police report could become an invaluable tool in helping you get a better understanding of the alleged charges and it may also prove beneficial in helping your legal representation successfully argue your case in court.

The majority of police reports will include a field sobriety test checklist, a breathalyzer test printout if one is taken, a laboratory report showing the blood or urine test submitted, and a narrative of what the arresting officer observed and what happened. These events will discuss the reasons behind the arrest as well as the driver’s demeanor and how the driver failed one of the impairment tests.

As you read the report, you may disagree with how things are described. While this might seem a cause for concern, getting a copy of the police report is helpful for your case. It will inform you and your lawyer precisely what the officers during the trial. Although you might think the police have a strong case against you, that may not be valid. There may be many reasons why sober people fail their field sobriety tests.

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.

Florida Bill Seeks Larger Fines for Passing School Buses

school-bus-4406479_1920Florida Governor Ron DeSantis will soon receive a new bill aimed at doubling the penalties against any drivers that do not stop for a stationary school bus. Present legislation punishes drivers with a $100 fine for failing to stop for a school bus. The minimal fine increases to $200 when a driver passes a school bus on the side where kids enter or exit. Both offenses also bear a possible revocation of a license for subsequent committed offenses.

Known as CS/HB 37, should the bill manage to clear its various hurdles and become law, the minimum penalty would increase to $200 should a driver pass a school bus that has stopped. The bill will also raise the minimum penalty for drivers driving on the side of a bus where children go in or out to $400. Furthermore, subsequent offenses may result in a one to two year suspension of a driver’s license. If Governor DeSantis approves the bill, it would go into effect at the beginning of next year.

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.

A DUI Charge May Not Involve Alcohol

james-yarema-5tyMgag0wRo-unsplashTypically, being charged with driving under the influence (DUI) means you were caught with alcohol in your system. However, it may surprise you to learn that a DUI arrest does not necessarily involve the consumption of alcohol.

The keywords to keep in mind here are “under the influence”. Hence, this may also include something being under the influence of medication. Think of common drugs prescribed for common health issues like high blood pressure, heart conditions, or depression. These drugs typically have warnings regarding their side effects like nausea, blurred vision, or drowsiness.

You may be charged with a DUI if you experienced tiredness as a result of your medication and decided it was wise to pull up to a parking lot or the side of the road to sleep the effects off. In this situation, the “actual physical control” may factor in, because even if your car is not running, the vehicle keys are on or near your person, thus making you in “actual physical control” of the vehicle.

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.

Drivers and Construction Zones

construction-worker-569126_1920Florida has strict laws in place for drivers that fail to practice proper safety measures when they are in a work or construction. Back in 2016, the Florida Department of Transportation reported high numbers of fatalities that occurred in construction zones.

In construction zone crashes, as a result of the costs involved, usually double fines are levied when drivers are caught violating the rules of such zones, especially if there are workers present. These violations can be caused by dangerous practices that frequently occur in construction areas, including driving beyond speed limits, merging the moment a lane ends, driving distracted, and failing to slow down when an emergency vehicle is on the side of the road.

Speeding fines in work zones can be heavy and the violations can also lead to driving record points being received. If you receive a citation for a violation in a construction zone, an experienced traffic ticket lawyer may be able to assist in lowering the charges or potentially completely dismissing your case.

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 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.

Brickell Avenue Bridge Construction Work Continues

felipe-simo-HaOKtA3olN0-unsplashIf you’ve done any traveling through Brickell Avenue this year, you may have become aware of the construction being done on the Brickell Avenue Bridge, which began back in February. The much-traveled bridge that serves as a connection between the Brickell area Miami’s downtown is being repaired and gates are being added to stop pedestrians, cutting down on the time required by the bridge to stay open so ships and boats can make it through.

The work on the Brickell Avenue Bridge includes the installation of pedestrian gates, the rehabilitation of mechanical and electrical bridge elements, giving the bridge a fresh paint job, and the restoration of lighting.

For those that frequently travel the bridge, it is prone to lane closures depending on the time of day. For example, southbound lanes may be shut down from 10 pm to 5:30 am while a single northbound lane may be closed from 7 pm to 5:30 am.

In regards to traffic, it was proposed back in 2016 that pedestrians may be a contributing factor to the gridlock caused during the raising of the bridge. When the bridge alarm goes off, pedestrians should stop and wait until the bridge is lowered again. However, many pedestrians choose to proceed anyway, which can contribute as much as ten additional minutes to the gridlock.

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.

Changes in Store for Florida Driving Tests

elliot-kwan-KV57YBuoIe0-unsplashWith the closures of businesses due to COVID-19, some essential services may have also been closed. It’s only during the past week or so where re-openings have begun. For new drivers looking to receive their license, this raises some questions on how to proceed.

The Florida Department of Highway Safety and Motor Vehicles recently released a memo detailing the process for driving tests. Drivers are still required to get behind the wheel but examiners will remain outside of the vehicle, unlike in the past. To communicate with the driver, the examiner can use a walkie-talkie or mobile phone to communicate the necessary instructions to the driver. Interestingly, drivers must be accompanied by a licensed individual who is at least 21 years of age. However, these “co-pilots” cannot be driving school instructors and they are strictly prohibited from assisting the driver during the test.

The department has made it clear the changes are intended to reduce the spread of COVID-19. Because of the pandemic, state and local offices across Florida have been closed since March, leaving numerous prospective drivers and teenagers waiting to obtain a driver’s licenses.

To read more, visit https://www.miamiherald.com/news/local/community/miami-dade/article243050746.html.

This update is brought to you by the Miami traffic ticket lawyer 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 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.