Category Archives: Miami criminal traffic lawyers

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.

Driving with Medical Marijuana

marijuana-1Do you have a medical marijuana card? Even if you purchase the marijuana from a state-licensed dispensary, you should carry it with you at all times as it may be necessary if you are pulled over by police.

The legalization of hemp in Florida back in July introduced a law enforcement challenge to find out when to apprehend a driver or seize a drug, because hemp smells and appears similar to cannabis, and is smokeable. Officers make use of a field test that can distinguish between marijuana and hemp, but not Palm Beach or Miami-Dade where the substance is confiscated and checked in a licensed laboratory.

Patients with medical marijuana must be able to produce a valid medical marijuana card if they are stopped with a cannabis product in their vehicle. Choosing not to show the card to an officer is a violation of the law— a misdemeanor of the second degree.

For drivers charged with a violation, you should know that if you are able to produce a Florida medical marijuana registry card that was valid when the charge occurred, either before or at the time of court appearance, you can’t be convicted.

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.

Google Maps Will Receive Real-Time Reporting

navigation-2049641_1280If you’ve used navigation apps on your smartphone, you may be familiar with Waze. The app stands out by allowing users to report incidents such as hazards on the road, the presence of police, and more in real-to,e. After Google purchased Waze in 2013, its own Google Maps received some traffic data from Waze but the two continued to operate independently.

Fast forward several years and Google Maps is now getting some of the real-time reporting features Waze users have been accustomed to and using for years. Users will soon be able to report road incidents including speed traps and accidents once Google pushes a new update for both Android users and those that use iOS devices like the iPhone.

In addition to being able to report accidents, Google is taking another page from its Waze app by adding the option to report construction zones, any lanes that may be closed, vehicles that are disabled, and debris that may be causing dangerous hazards on the road.

Do you have a preference between Google Maps or Waze? If so, will the new real-time reporting updates sway you to switch to Google Maps or do you prefer to stick to the longtime reliability of Waze?

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 to Do at DUI Checkpoints

copsIf you’ve never encountered a DUI checkpoint, it’s worth knowing what you need to do in this scenario. Legally, you are required to stop as these checkpoints are considered reasonable search and seizure here in Florida. During these checkpoints, a police offer may stop you and request your license or they may ask that you take a sobriety test if there is a suspicion that you are under the influence.

For starters, DUI checkpoints need to be announced to the public, including the location and the date the checkpoint will be taking place. There are various apps or websites you can use to obtain this information. If you do approach the checkpoint, you have the option of refusing to do the field test if the officer requests that you do so because they believe you may be intoxicated. This test involves the customary standing on one leg, turning and walking, and the horizontal gaze test. If you do refuse this test, however, the refusal may be deemed suspicious. An officer may then request a breathalyzer which, if refused, carries immediate repercussions.

If involved in a DUI checkpoint, take it easy. Being irritable or worried may cause an officer to suspect something. Should an officer request that you exit the vehicle, do so. You don’t have to answer an officer’s questions. If you have been drinking, strongly consider requesting an attorney. Providing wrong answers may lead to incriminating yourself. Even if you decide to remain silent, show politeness and avoid confrontation.

This update is brought to you by Miami traffic ticketlawyer 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 Senator Seeks to Increase Penalties for Passing a School Bus

schoolBusWhen a school bus is stopped and has its STOP sign out, Florida drivers are required to stop so students can cross the street safely to get on or off the bus. You’ve probably noticed, however, that some drivers will speed right by the school bus, illegally passing it. Besides being illegal, this also puts the safety of the schoolchildren at risk.

A Florida State senator is now looking to do something about this situation by ramping up the penalties for people that fail to stop for school buses that are picking up or dropping off students. Called SB 290, should the bill pass all of the hurdles and go into effect in July of next year, fines for people who fail to stop for a school bus will be increased from $100 to $200. If the person is once again caught committing the crime within five years, they will have their license suspended for a minimum of 180 days or as long as a year.

Additionally, SB 290 would require a $400 fine versus a $200 penalty should a driver illegally pass a school bus on the side where children are boarding or getting off the school bus while the bus has its stop sign displayed. Should the person commit the crime again within five years, their license will be suspended for a minimum of 360 days and up to two years.

For more information, visit https://www.flsenate.gov/Session/Bill/2020/290/?Tab=BillHistory.

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.

Ease the Road Stress During Hurricane Preparation

light-933712_1280While preparing for the arrival of Hurricane Dorian during the Labor Day weekend, you’ve probably seen lines of vehicles waiting to get gas. These lines typically cause traffic and frustration as they spill out onto neighboring lanes. What can you do to ease the situation and reduce the stress while you’re busy making plans? Let’s take a look.

You may be accustomed to driving in the right lane. If you know there are gas stations in the neighborhood, make it a point to use the middle lanes as the right ones will likely be busy or stalled with cars waiting to get gas. Also, make the roads a little safer and stress-free for everyone by using your turn signals.

As the storm gets closer, heavy downpours will increase, flooding the roads. While it’s best to avoid driving entirely, take some precautions while you’re driving in the rain. For one, don’t drive too fast through puddles. The pocket of water may be deeper than it looks and it could ruin your vehicle or even cause it to stall, which will only lead to more road congestion. If it is raining hard, don’t turn on your hazard lights as this will only confuse other drivers.

This update is brought to you by the Miami traffic ticket 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 Risks of In-Vehicle Technology

automobile-automotive-car-1135379Today’s vehicles feature sophisticated technology, including interactive touch panels that allow drivers to do a host of things, from changing radio stations to setting up a route on their GPS. While the technology is useful, it can potentially cause distractions, albeit perhaps less so now that drivers are legally forced to refrain from texting while driving.

With older drivers, it’s another story.

The AAA Foundation for Traffic recently found in a new study that older drivers are often more distracted than younger ones. Drivers at least age 55 to 75 will take their eyes off of the road several seconds longer than younger drivers when they are performing tasks such as managing the radio or dealing with navigation, as much as eight seconds more. Considering that taking your eyes off of the road for as little as two seconds can increase the chances of being involved in a crash twice as much, it reinforces the need to stay focused.

Some easy tips for safer driving include making use of voice commands whenever possible or becoming comfortable with the infotainment panel before heading off. Regardless of your age, avoid interacting with infotainment panels while the vehicle is in motion unless it is an absolute emergency.

To read more, visit https://www.mysuncoast.com/2019/08/02/study-older-drivers-are-more-likely-drive-distracted-than-younger-drivers-when-using-in-car-technology/.

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