Category Archives: Lifestyle / News

Learn More About the Move Over Law

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At its simplest, the “Move Over” law requires drivers that are approaching stationary emergency vehicles to either move over a lane or slow down. Each state has some variation on the law, and we’ll be focusing on Florida.

Also known as Florida Statute 316.126, the Sunshine State’s Move Over Law was enacted in 2002 and obligates drivers to obey emergency vehicles that send audible or visible signs both on the way to emergencies and when stationary as they deal with emergencies along the roadside.

If an emergency vehicle that is en route to an accident approaches or is being approached, drivers are required to vacate the intersection, proceed to the nearest edge of the highway, and wait until the vehicle has passed. A driver must slow down speeds to under twenty miles below the posted speed limit when they need to pass a stationary emergency vehicle on a single-lane route or if they cannot change lanes while on a two-lane roadway.

Pedestrians must also understand the Move Over Law by yielding to emergency vehicles until the vehicles have passed and otherwise sticking to the right of way. This only changes if a law enforcement officer has instructed the pedestrian to do otherwise.

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.

Miami Traffic Court Resumes Next Week

andrew-karn-pn820SYbA2Q-unsplashBeginning next week, Miami-Dade County traffic courts will be resuming operations after close to two months of suspension as a result of COVID-19. The restart, however, is bringing significant changes as hearings will be allowed to be done through tools that have proliferated in popularity in the age of social distancing, such as the videoconferencing software program Zoom.

The re-launch is being rolled out slowly. Lawyers defending motorists will be attending the first few weeks of hearings. The majority of these motorists face potential fines and driver license points for tickets that were issued before the pandemic forced the closure of courthouses back in March. In a couple of weeks, court officials anticipate that motorists without legal representation will have the ability to defend themselves through video or participate in a trial via the aforementioned Zoom should they so choose.

In April, court officials also launched another online program allowing Miami-Dade residents to go electronic to settle citations issued for lack of insurance documentation, vehicle registration, or driving with an invalid license. Dubbed Online Dispute Resolution, the website gets rid of the need for drivers to physically visit the court to submit their records.

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 Basic Introduction to Driving Record Points

stop-sign-1174658_1280 (1)Florida uses a points system to track the violations a driver may have committed. Should a driver receive too many of them, there is the possibility the driver may have their license suspended.

One thing to know about points is that they are not added to the driving record until the driver pays the ticket, which is otherwise an official admission that the driver was indeed guilty of the violation. Should a driver choose to fight the traffic ticket successfully, then no points will be added to the driving record and the ticket received will result in dismissal. However, if the dispute fails, a driver can likely expect to receive points following the completion of any sanctions.

The severity of a traffic violation is not universal when it comes to being added to a driving record. The point values of traffic tickets may vary from three to six points depending on how severe the offense was. Some minor infringements will only add three points, while more serious violations like those that cause injury to others may result in six points added to 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.

COVID-19 and Florida Traffic Tickets

maxwell-ridgeway-D5FI8jv6ndU-unsplashAs COVID-19 continues to be a major concern in Florida, there may be drivers curious about traffic tickets or how the courts are operating.

Back in March, most court proceedings necessitating face-to-face interaction were temporarily suspended as a way to promote social distancing. Because of those conditions, if you have a court date in the state of Florida after March 16, you’re not supposed to appear until the state government requests otherwise.

As for traffic tickets, yes you can still receive a traffic ticket. Traffic violations are deemed discretionary, meaning the police officer observing the violation can decide whether to issue a ticket based on the severity or recklessness of the violation. Although Florida is in an emergency state, officers may decide to adopt greater leniency for less severe violations, such as expired registration, for example. These decisions remain solely with the officer, however. Nonetheless, officers will be taking extra care when they issue tickets and respond to violations to ensure the protection and the safety of the public.

If you have received a traffic ticket and intend to contest it in court, you’re required to obey the usual rules and inform the courts of your plans via writing within the 30-day timeframe or online. It is important to remember that failure to respond to a summons is still a criminal offense even during the court’s suspension of face-to-face transactions, which may result in heavier penalties and having your driver’s license suspended.

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.

A DUI May Significantly Affect Professional Licenses

stethoscope-1584223_1920A Florida DUI is a misdemeanor of the first degree, which has many severe repercussions. The first or second DUI a person is charged with is a misdemeanor; however, a third or any additional DUI or a DUI that results in injury or death to someone else is deemed a felony. A DUI conviction could result in up to one year’s imprisonment and, based on the conditions, a probation term of 12 months, a license suspension, a fine, community service hours, compulsory DUI school and possibly having a mandatory breathalyzer installed in the vehicle.

Along with the aforementioned penalties, the individual charged with the offenses may also have their professional license terminated and their career significantly affected. These people may include teachers, healthcare professionals, and more.

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.

US1 Construction May Affect You

raul-najera-qcA9xgvKkB8-unsplash-1Will you be doing any traveling on South Dixie Highway (US1) sometime soon? If so, you may encounter issues due to the start of a lengthy roadway project that will see several lanes intermittently closed. One of the segments of the project will extend from Riviera Drive to Ponce de Leon Boulevard in Coral Gables while the other will comprise Southwest 27th Avenue to Southwest 37th Avenue.

Per the Florida Department of Transportation (FDOT), the project will involve the installation of pipes and drains below the ground as well as the replacement of certain sidewalks, gutters, and sections of the curb. The project will also involve installing new roadway lighting for traffic heading both north and south, tweaking traffic signal systems, and re-pavement of the South Dixie Highway roads.

Although there are currently fewer drivers on the road due to quarantining and social distancing, construction is expected to be completed in various to reduce the chances of the work affect traffic during peak periods or events to be held in the future.

Lanes of traffic will be regularly closed throughout the night as construction work remains ongoing. During those hours, police will guide traffic, and drivers should anticipate delays. Alternative routes may be a good idea.

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.

The Importance of Sealing and Expunging Your Record

criminalRecordWhen an employer is debating between two equally skilled people for a position, the decision to choose one over the other may come down to factors such as criminal history. With so many people currently out of work and seeking new opportunities, there may be greater competition which reinforces the importance of sealing or expunging your record.

Let’s use a hypothetical scenario. A law firm is seeking someone to work as a paralegal. The firm receives a pair of applications, both from distinct candidates and both of them with sterling work experience and skills. One of the applicants was arrested for speeding or driving with a controlled substance. While the firm may be able to overlook this arrest, another employer may find a drug charge too risky.

The last you want is for your past to rear its head and derail your efforts at obtaining employment. Contact us today if you wish to learn more about your having your record potentially sealed and/or expunged.

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.

Aggressive Driving Has Ramped Up

speedometer-653256_1920Driving should be kept to a minimum while quarantining and social distancing to protect against coronavirus. If you do go out, you’ve likely noticed that the roads have significantly less traffic than normal. The emptier roads mean that drivers have become more aggressive on the Florida roads.

According to a Click Orlando article, the Florida Highway Patrol (FHP) dealt with more than six crashes within a 24-hour period that resulted in a fatality. Furthermore, the article also talks about officers noticing drivers driving well beyond the speed limit. Drivers may be under the false assumption that because of quarantining and the various shutdowns, the laws are not being enforced as usual. This is clearly false.

Reckless drivers should be aware that FHP and local law enforcement agencies are still patrolling the roads and keeping an eye out for aggressive driving. Remember to limit your outings only to essentials such as going shopping for groceries or commuting to and from your job.

To read more, visit https://www.clickorlando.com/traffic/2020/04/13/as-aggressive-driving-sees-uptick-during-covid-19-pandemic-officials-will-crack-down/.

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.

Some South Florida Cities Are Relaxing Parking Rules

body-kit-1869892_1920With local, countywide, and national stay-at-home directives in effect as the number of COVID-19 cases continues to escalate throughout Florida, some municipal governments have reduced the number of parking tickets they issue, knowing people are using their vehicles sparingly for critical activities. For example, in the city of Miami, the Miami Parking Authority has entirely ceased issuing meter tickets since March 19. The decision became important as daily business in Miami began to see a significant slowdown.

Miami Beach, on the other hand, continues to issue parking citations. However, the economic downturn caused by COVID-19 has resulted in substantial cuts within the department and a less strict approach when it comes to enforcing parking laws. The city has gotten rid of all pay stations on the curbside and off-street, making mobile payments as the only alternative.

A few cities have made changes so people can park without while picking up food or purchasing critical items. In Coral Gables, for example, residents are allowed about ten minutes to park for free when they visit Miracle Mile, typically with a degree of leeway. Miami Parking Authority has reinvented the curbside spots typically meant for valets into zones for delivery pickup.

Some rules are still being enforced. County police continue to respond to any complaints regarding vehicles being parked in condominium loading zones.

To read more, visit https://www.miamiherald.com/news/coronavirus/article241710726.html.

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.

Don’t Believe the Myths Surrounding Speeding Tickets

ticketTrafficWhile you’re remaining indoors, now is a good time to educate yourself and learn something new. Once it’s safe to be on the roads, having more knowledge of what is and isn’t true when it comes to speeding tickets, for example, can help with knowing what your rights are.

If you do receive a speeding ticket, you may be encouraged to fight it and for good reason. Contrary to what you may think, it is possible to fight a ticket and win. Preparation is necessary if you intend on battling a speeding ticket in court. You should prepare the moment a law enforcement officer has you pull over. Make a note of the system used to clock your speed, the comfort of the officer using the device, and the reliability of the device. These are possible grounds for ticket dismissal.

When a ticket is received, it is not necessary to pay it immediately. You do, however, need to make it clear that you intend to fight the ticket. This is one of many areas where a traffic ticket lawyer can help tremendously.

Should the officer that wrote the ticket not show up, it does not always mean an automatic dismissal. Even if the officer is absent, the hearing may, for example, decide to schedule it for another day. Don’t automatically assume that if the officer fails to show up, you’re in the clear.

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.