Category Archives: Miami criminal traffic lawyers

Major Miami Roadway Will Temporarily Close

macArthurMiami is gearing up to host the second presidential debate later this month, and that means security will be extra tight and there will likely be road closures. Indeed, one of these roads will be the MacArthur Causeway, one of the arterial roadways connected to Miami’s downtown area and the barrier island of Miami Beach.

The MacArthur Causeway will be closed entirely to traffic coming from the east and west and that also includes any pedestrian or bicycle traffic. Its closure will begin on the 15th of October from 8 am to 1 am on the 16th.

If you frequently use the MacArthur Causeway to get to places such as work, for example, you are encouraged to use the Julia Tuttle Causeway (I-195) or the 79th Street Causeway should you need to visit Miami Beach. Drivers also have the option of using the Venetian Causeway but it’s being predicted that there will likely be heavy traffic on this roadway.

To read more, please visit https://www.miamiherald.com/news/traffic/article246088360.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.

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 Driver Plows into a “Drive Sober or Get Pulled Over” Sign

drink-driving-808790_1920Chances are you’ve noticed the signs throughout Florida with the words “Drive Sober or Get Pulled Over”. These signs are often electronic and are part of a campaign while also serving as a reminder of the importance of not getting behind the wheel if you’ve had too much to drink.

In a bizarre coincidence, a Florida driver is making the news after he was arrested for driving under the influence (DUI) when he hit one of these signs informing drivers not to drive under the influence. The 22-year-old man hit the digital sign and was arrested after law enforcement officers discovered him inside of a Mazda that had sustained damage following the crash into the sign. The man claimed that he was speaking to a friend on the phone when the crash occurred and after taking a breathalyzer, his blood-alcohol level was twice Florida’s legal limit.

Besides being charged with DUI, the man is also facing charges of property damage as a result of hitting the sign.

To read more, please visit https://www.thedrive.com/news/36152/florida-man-arrested-for-dui-after-hitting-a-drive-sober-or-get-pulled-over-sign.

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.

Are Electronic Licenses Valid?

id-4157974_1920At one point in time, drivers that were pulled over were required to present a physical copy of their proof of insurance to a law enforcement officer. Nowadays, it is acceptable to simply pull it up on your smartphone and present an electronic version. Does the same apply for a driver’s license? The simple answer is no.

Indeed, drivers are still legally required to present their license in physical form, unlike their insurance. It’s likely to remain that way for the foreseeable future. Attempting to drive with an electronic image of your license may be equivalent to if you were driving without one at all. This is unlawful and may result in a citation. However, do keep in mind that it is also unlawful to drive with a license that isn’t valid, even if a physical one is presented. This is considered a misdemeanor and it can carry hefty fines and potentially jail time.

There are exemptions that you may wish to look into or ask a traffic ticket lawyer about. For example, military personnel and non-residents may be exempt.

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.

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.

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.

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.

New Bill Tackles Drivers License Suspension Fees

camaro-1111753_1280According to a News 4 JAX article, over a million drivers in Florida had their licenses suspended because of outstanding fines. The issue has raised concerns because, as criminal justice advocates believe, a person that can’t legally drive will face difficulties when trying to work which, in turn, makes it harder to pay the fines.

A bill making its way through the House and Senate is looking to tackle this problem by cutting down on license suspensions and allowing people to set up financially manage payment plans. The person would have at least thirty days to contact the Clerk of Court and make it known that they would like to set up a payment plan. After that, there would be another sixty-day period where the details of the payment plan can be worked out. The payment plans would vary based on what the person can pay.

In one example used in the News 4 JAX article, Collier County currently has over $90 million in license suspension fines and fees that have gone uncollected, which may reinforce that based on existing laws, the clerks aren’t receiving the money owed.

Florida is one of eleven states evaluating legislation to cut down or get rid of license suspensions caused by failing to pay fees and fines.

To read more, visit https://www.news4jax.com/news/local/2020/02/11/bill-would-reduce-florida-drivers-license-suspensions-for-failing-to-pay-fines/.

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.

The Future of the Palmetto Express Lanes Is at Stake

miamiHighwaysIf you’ve spent any time driving on the Palmetto Expressway recently, you’ve likely chosen to use or have at least seen the express lanes. Per the Florida Department of Transportation (FDOT), drivers who decide to drive on the new lanes would pay at least fifty cents per segment, which run north and south between West Flagler Street and Northwest 154th Street in addition to I-75 near Northwest 107th Street.

Though the express lanes did not receive unanimous praise when they were announced, Miami-Dade pushed forth with the $250+ million project. Since their official opening, the lanes have generated $2 million in revenue according to the FDOT and have cut down on commute times by nearly half. While the standard Palmetto lanes usually take drivers about seventeen minutes to pass through during peak hours, the express lanes cut that down slightly to about nine minutes.

Despite the revenue and the reduced travel time, the future of the Palmetto express lanes is at stake. A pair of Florida lawmakers have recently introduced a bill that aims to get rid of the express lanes and prevent tolls from being created on the Palmetto. According to the lawmakers, the tolls are resulting in greater congestion for Hialeah residents.

Will the Palmetto express lanes be short-lived? Their fate will be determined during Florida’s 2020 legislative session, which kicked off earlier this week.

To read more, visit https://www.nbcmiami.com/news/local/the-fate-of-the-palmetto-express-lanes-will-be-decided-during-floridas-session/2176850/.

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.

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.