Category Archives: Miami civil traffic tickets

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.

Learn More About the Move Over Law

towTruck

 

 

 

 

 

 

 

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.

Good News for Florida Drivers With Soon-to-Expire Licenses

i95Previously we told you how the Florida Department of Transportation (FDOT) has decided to suspend the acceptance of cash at the various tolls plazas found throughout the Florida Turnpike in response to the coronavirus. Recently, Governor Ron DeSantis and the FDOT director announced some news that may come as some relief to drivers with a soon-to-expire license.

A 30-day extension past their initial expiry date will be given to all Florida driver licenses, commercial driver’s licenses, and identification cards due to expire in the next 30 days. During the extension period, delinquent renewal fees will be waived.

Furthermore, Florida Highway Safety and Motor Vehicles is encouraging Floridians who can complete their electronic driver license or motor vehicle transactions online to do so, rather than in person at a driver’s license bureau. Floridians may use GoRenew.com to register a motor vehicle, renew their license, change their address, and much more.

Under normal circumstances, driving with an expired license in the state of Florida during the grace period may result in a $30 fine.

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 Crosswalk Changes

scott-webb-aOEkg_6sWsg-unsplash
After a 12-year-old girl lost her life due to being struck by a vehicle at a lighted crosswalk, a Florida State Representative is spearheading the passing of a bill (House Bill 1371) aimed at replacing the yellow lights on crosswalks with red ones.
Also known as the Sophia Nelson Pedestrian Safety Act, the bill would make changes to certain roadways. Streets, highways, and roads with a maximum of two lanes and posted speed limits below 35 miles per hour would still use the flashing yellow beacons as before. The red lights or beacons would only be required on roads that have over two lanes and speed limits higher than 35 miles per hour.

Should the bill be approved, a request would be put in with the federal government to make the changes to the red lights. Should the changes receive approval, local governments would be required to implement these changes within a year. If the request is not granted, the agency with road authority shall retrofit current mid-block crosswalks with red flashing lights or get rid of the crosswalk by October 1, 2024.

To read more, please visit https://www.clickorlando.com/news/local/2020/02/20/florida-house-prepares-to-tackle-crosswalk-bill-after-12-year-old-girls-death/.

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.

Don’t Leave the Scene of an Accident

accident-1497295_1280February arrives next week, marking the beginning of “Hit and Run Awareness Month”. During this month, Florida Highway Patrol (FHP) is emphasizing to drivers the importance of remaining at the scene of an accident. Close to 25 percent of crashes in Florida are hit and run. Miami-Dade County also has the dubious honor of being number one in the state in these types of accidents.

Drivers should remember that leaving the scene of an accident is a crime that has severe consequences. For example, leaving the scene of a crash where property damage has occurred is a misdemeanor of the second degree and could lead to sixty days in jail as well as a fine of $500. If there are injuries, it becomes a felony of the second or third degree with consequences like having a license revoked for three years, spending five years in prison, and a much larger fine of $5,000. If there is a fatality, the crime becomes a first-degree felony and includes license revocation, at least four years in prison but as much as thirty, and an even larger fine of $10,000.

If you are involved in an accident, the best thing to do is remain at the scene and call for help. Besides being the law, it could save someone’s life.

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.

Stay Safe on the Roads During New Year’s

newYearsWith the New Year’s festivities set to commence, there will, unfortunately, be more drunk drivers on the road. The hours from 6 pm December 31st and 6 am on New Year’s Day are the most dangerous time of the year for drivers. Again, it is extremely important to have a designated driver if you’re planning on drinking. There are also various services South Floridians can use to make it home safely.

AAA will once again have its Tow-to-Go service up and running, aimed at making sure impaired drivers stay off the roads and make it to their destination safely. The free rides are available to everyone and will continue to operate through Thursday, January 2, 2020. The trucks can transport a total of two people but they cannot be scheduled in advance.

Besides AAA, ridesharing services like Uber will offer free rides of up to $10. Riders need to enter the code SAFERIDETPA which will remain valid from 9 pm Tuesday through 12:30 am on Wednesday.

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 Drivers Earn Another Dubious Distinction

roadSignThe reputation Florida drivers have earned isn’t one most people would consider ideal, and that may be due to reasons such as the common road rage and distracted driving. However, could it also be that Florida drivers simply don’t know how to read road signs? A recent survey may suggest so.

The survey conducted by a New York dealership asked drivers across the United States to participate in a road sign test. Florida made the top ten list of states with the poorest number of drivers able to pass the road sign test, with more than ten percent of them failing. To put this into somewhat of a real-world perspective, consider that out of every ten vehicles you pass along the Florida roads, one of the ten drivers of those vehicles can’t recognize the road signs. When you take into account the numerous drivers on major roadways like I-95 or the Palmetto, it’s an alarming statistic.

The sign most survey participants were unable to recognize was the U-Turn Only sign, followed closely by the Soft Shoulder and Yield signs in second and third place, respectively.

Florida drivers can find some solace in knowing that although they are among the worst in the country, Tennessee earned the dubious honor of being the top state with the most drivers failing the road sign test.

To read more, visit https://patch.com/florida/miami/one-ten-florida-drivers-failed-recognize-basic-road-signs.

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.

What Happens When BAC Is Below the Legal Limit?

buzzedWhen a person receives a DUI charge, most people think it means the individual was blowing a blood alcohol content (BAC) of at least 0.08% or more. However, is it still possible to be arrested if the driver blows under the legal BAC limit? Let’s delve a little deeper into this question.

The simple answer is yes, even if they blow below the legal limit, a driver can be arrested for a DUI. That assertion is focused on the Florida law that says DUIs comprise more than just a 0.08 percent BAC in some cases.

According to Florida law, a person is guilty of a DUI if they are under the influence of alcoholic beverages and they are affected to the degree that the usual abilities of the person are impaired. Hence, this has little to do with a driver’s BAC and more to do with the driver’s ability to safely operate a vehicle. Consequently, if someone is intoxicated to the extent that they have trouble controlling a motor vehicle, there is the possibility of a DUI arrest.

It makes DUI offenses extremely subjective, regrettably, as the cop who pulls the driver over is the one who determines whether or not the driver is committing a DUI. This means officers are entitled to subjectively arrest people if they believe they are intoxicated to the point of being a danger to themselves or others.

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.

Don’t Hold Your Phone in the School Pick-Up Line

jumpingBy now you’re probably aware of the new law that went into effect on Tuesday making it illegal to use your phone while driving through a construction, work, or school zone. The law extends Florida’s texting while driving ban, making it illegal to even hold the phone while you’re in or driving through these zones.

The new laws may require some acclimating to avoid running afoul of the law. For example, if you have school-age children, you may be accustomed to using your phone while waiting in the pick-up line for your child. You may be using your phone to communicate with them or someone else as you wait but unless you’re using a hands-free solution, holding your phone while in the pick-up line is illegal.

For the time being, police officers are giving drivers warnings instead of tickets to raise awareness of the new law and so drivers have time to adjust. However, this will be changing once January 1, 2020, comes around which is when officers will begin writing tickets. These citations will start at $60 for anyone who commits a first time offense and it will also add three points to a driver’s license.

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 Keys Tolls to Increase

key-west-1553628_1280Will you be heading to the Florida Keys next month? Should you travel on Card Sound Road, expect to pay a teensy bit more in tolls than what you may have been accustomed to. Monroe County upped the toll for two-axle vehicles and trucks from its former fee of $1.50 to $1.54.

Card Sound Road is one of the two major roadways taking drivers to and from the Florida Keys from Miami-Dade County’s Florida City. It’s not traveled on as much as its the road, better known as US1 and its eighteen-mile stretch.

Up until August 2017, Monroe County still used a manned tollbooth, which was situated near Card Sound Bridge. The tollbooth had been around since the late 1960s, and tolls were a mere $1 before it was replaced by an electronic monitoring system the following year. This system collects tolls using Florida’s Toll-By-Plate and the popular SunPass. Toll-By-Plate users, however, must pay the toll plus a $2.50 administrative fee.

If you do a lot of traveling to the Florida Keys and drive a two-axle vehicle, you may wish to consider the $375 annual SunPass transponder pass expected to kick off next year.

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.