Category Archives: Miami speeding ticket lawyer

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.

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’s Cell Phone Law Will Soon Go into Effect

mobile-616012_1280Do you tend to grab your phone while driving? If so, you may want to get into the habit of not touching it unless necessary. Beginning Tuesday, October 1, Florida law enforcement officers will have the authority to pull over drivers caught using their cell phone while driving in or through a designated school crossing, school zone, or a construction/work zone.

With the new law, drivers are not allowed to even hold their phone while traveling through these zones. Instead, they must rely on using a hands-free solution should they wish to talk to on the phone while they are in these zones. Drivers that are caught will receive a warning until January 1, 2020, which is when law enforcement officers will begin charging drivers with a moving violation. This violation may include a $60 fine and other fees plus three points on the license.

While hands-free technology is a bit safer than either texting or holding the phone to your ear, it also has its risks. According to research from AAA, drivers encounter may become mentally distracted while using voice technology to send a text message, play a song, or dial a phone number. This distraction can stick around for nearly thirty seconds.

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.

Florida Law Enforcement Chooses Warnings

teen-girl-texting-while-driving-pvHow are things going with Florida’s texting while driving law which went into effect back in July? Just over 500 drivers have received a traffic ticket after being caught texting while driving, according to the Miami Herald. Those numbers mean about seven tickets per day are being written.

If the numbers seem unusually low, it’s likely on purpose. Law enforcement officers including Florida Highway Patrol are choosing to give drivers warnings instead of tickets so they can be aware of the new law. More than 400 warnings have been given between July and September but things will be changing once the “grace period” ends in January and police forgo warnings and begin issuing tickets. Additionally, another part of the law will go into effect starting next month. Drivers can be pulled over if they are caught using their phones in a work or school zone.

The texting while driving law isn’t entirely new. It’s been around and has remained illegal well before July but it wasn’t considered a primary offense at the time. This meant police officers would need to pull a driver over for another reason such as speeding before they could write a ticket for texting while driving.

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.

Say Hello to the Palmetto Express Lanes

miamiHighwaysThose of you that take the southbound Palmetto Expressway (also known as State Road 826) frequently may have noticed a major change. After extensive work, the express lanes are officially open. Stretching for thirteen miles from West Flagler Street to just north of Northwest 154th Street, and at I-75 to Northwest 170th Street, these express lanes are intended to ease traffic for drivers willing to pay a premium by allowing them to move quickly through the highway away from the free lanes which move slower.

Similar to their I-95 siblings (which locals refer to as the “Lexus Lanes”), the Palmetto express lanes will charge tolls based on the flow of traffic, which is paid for using SunPass. Drivers that frequently travel the I-95 express lanes know that the tolls can cost over $10 during the rush hour period. It’s also worth noting that these express lanes end at certain points which means drivers should be aware of where they are going so as not to become one of those drivers that illegally plow through the barriers and become a safety risk after realizing they are going to miss their exit.

What are your thoughts on the Palmetto express lanes? Do you think they will help with easing congestion?

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.

Driving Through Construction Zones

under-928246_1280The state of Florida does not look kindly on drivers that do not practice safety when they are traveling through a work zone. Back in 2016, the Florida Department of Transportation reported one of the highest construction zone fatality rates in the United States.

Due to the costs both monetary and bodily in construction zone crashes, there are typically double fines imposed when drivers are caught violating construction zones, particularly if workers are present. These violations may be caused due to unsafe practices commonly seen in construction zones, which include disobeying the speed limits, merging at the very last minute when a lane is about to end, driving distracted, and not slowing down when there is an emergency vehicle on the roadside.

Work zone speeding fines can be as much as $500 and it may also result in receiving driving record points. Should you receive a citation for a construction zone violation, an experienced traffic ticket lawyer may be able to assist with reducing the charges or potentially getting your case entirely dismissed.

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 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.