Category Archives: Miami Ticket Law Firm

Are Radar Detectors Legal?

November 16, 2020Blog, Lifestyle / News, Miami Ticket Law Firm, Miami Traffic AttorneyMiami ticket law firm, Miami Traffic Attorneyadmin

sports-car-4815234_1920 While they may not be as prevalent as they used to be, you may own or you may know someone who owns a radar detector. These are electronic device drivers use to detect if their speed is being monitored by police or law enforcement via the use of a radar gun. If you ask around, the answers as to whether or not such things are legal may differ.

To put it simply, no, radar detectors are not illegal. A law enforcement officer cannot pull you over solely for having a radar detector. However, if you are pulled over for another reason such as speeding, for example, there may be a greater likelihood that the officer will issue you a ticket versus simply a warning if they spot the radar detector.

While radar detectors are not illegal, the devices known as “jammers” are. These are devices intended to interfere with the normal operation of radar by blocking the signals and, therefore, preventing the transmission of radar data.

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 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.

DUI Scenarios Involving BAC Below the Legal Limit

November 5, 2020Blog, Lifestyle / News, Miami Ticket Law Firm, Miami traffic ticket lawyermiami expungement attorney, Miami Traffic Ticket Lawyeradmin

matthew-t-rader-mHrc8ydLg3c-unsplash(1) It’s generally believed that when a person gets a DUI charge, they were caught with at least 0.08 percent or more of blood alcohol (BAC). However, if the driver is under the legal BAC cap, is it still likely they will be arrested? Let’s dig into this issue a little further.

The short answer is yes, even though they are blowing below the legal limit, an impaired driver can still receive a DUI arrest. The affirmation focuses on Florida law which states that in some situations, DUIs are more than just the Florida legal limit of 0.08 percent BAC.

An individual may be guilty of a DUI, according to Florida law, if they are under the influence of alcoholic drinks and they are impaired enough that their normal abilities are diminished. This then has less to do with the BAC of a driver and much to do with the capacity of the driver to handle a vehicle in a safe manner. Accordingly, a potential DUI arrest may occur if someone is drunk to the degree that they have trouble driving a motor vehicle.

Unfortunately, this makes DUI crimes highly subjective, since the law enforcement officer who pulls the driver over is the one who decides whether a DUI is committed by the driver or not. This may suggest that police are able to apprehend persons subjectively whether they think that they are drunk to the point of being a threat to themselves or others.

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.

The Danger of Lane Splitting

October 19, 2020Miami Ticket Law Firm, Miami Traffic AttorneyMiami ticket law firm, Miami Traffic Attorneyadmin

motorcycle-4187586_1920 Driving on the Florida roads, you may have noticed motorcyclists doing what’s called lane splitting on at least one occasion. This is when the motorcyclist may use the lines between cars to move past slow or standstill traffic. The action is common and although it’s easy to see why they would do it, the action is also illegal.

Motorcycles share the Florida roads with much larger vehicles but their thinness means they can easily navigate into a driver’s blind spot if the motorcyclist is not careful. This means the driver may attempt to switch over a lane and not notice the smaller vehicle, potentially leading to significant injuries, especially if the vehicles are traveling at high speeds on a highway, for example.

In Florida, since lane splitting is against the law, a motorcyclist will likely receive a ticket first. In addition, what they were doing before the crash may also play a heavy role. To further complicate matters, their insurance provider can try to reject their claim by using this traffic infringement against them.

Be Wary of Truck Blind Spots

August 25, 2020Blog, Miami Expungement Attorney, Miami Ticket Law Firm, Miami traffic ticket lawyermiami expungement attorney, Miami Traffic Ticket Lawyeradmin

matthew-t-rader-1shWwOrkxEM-unsplash

Just about every vehicle has a blind spot, including newer vehicles with technology built in designed to make it easier to detect vehicles that may be lurking in the blind spot. For trucks, however, this technology may not be quite as effective.

Truck blind spots are much more common as compared to the typical passenger car. In most trucks, standard safety devices cannot be used to improve driver vision in blind spots. These blind spots are substantial, due to the considerable size of commercial vehicles. Sometimes there are accidents caused by poor visibility in the blind spots of a vehicle.

Drivers may be under the false assumption that because of their height, truck drivers have a better view of the road. Although they do have improved visibility in terms of what’s in front of them, that’s not the case for the side or the back. Hence, truck blind spots are larger and more dangerous. Often these spots with limited visibility include the following:

The region right in front of the truck reaching as far as 20 feet.
The areas directly along the truck’s edge.
The truck’s right side is especially risky because most truck drivers expect drivers to turn lanes to the left.
The region immediately behind the vehicle, reaching as far as 30 feet.

Always be cautious around trucks and heed those warning stickers often found in the back stating that if you can’t see the truck mirrors, the truck driver can’t see you.

US1 Construction May Affect You

April 24, 2020Blog, Lifestyle / News, Miami Ticket Law Firm, Miami Traffic AttorneyMiami ticket law firm, Miami Traffic Attorneyadmin

raul-najera-qcA9xgvKkB8-unsplash-1 Will 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.

Changes in Store for the Palmetto Express Lanes

February 26, 2020Blog, Lifestyle / News, Miami Ticket Law Firm, Miami Traffic AttorneyMiami ticket law firm, Miami Traffic Attorneyadmin

miamiHighways Last year, the Palmetto express lanes were added to ease traffic congestion. However, its success in making a genuine dent in traffic tie-ups may be debatable. According to a CBS Miami article, some drivers believe the lanes have done the opposite and made things worse.

To deal with the express lanes situation, South Florida lawmakers sought to get rid of them entirely. While the legislation was devised, Florida Governor Ron DeSantis eventually stepped in to help with fixing the express lanes situation. Since then, the Florida Department of Transportation (FDOT) has devised its own plans to assist with the traffic woes.

The FDOT intends to add another lane for general traffic for those heading southbound on the Palmetto. Furthermore, the northbound express lanes will be reduced, meaning there will only be a single lane. FDOT also plans to add another access point to the express lanes at Northwest 122^nd Street. Currently, the only access point is near Northwest 67^th Avenue.

While FDOT works on implementing these changes, drivers can look forward to reduced tolls.

Florida Bill Seeks Crosswalk Changes

February 21, 2020Miami civil traffic tickets, Miami criminal traffic lawyers, Miami Ticket Law Firm, Miami Traffic AttorneyMiami ticket law firm, Miami Traffic Attorney, Miami Traffic Lawyeradmin

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.

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.

Highway Safety Laws in Florida Could Use Improvement

January 29, 2020Blog, Lifestyle / News, Miami Ticket Law Firm, Miami Traffic AttorneyMiami ticket law firm, Miami Traffic Attorneyadmin

john-benitez-5tO5ktU4ORc-unsplash When Florida makes the news regarding its roads and drivers, it’s often for reasons that are less than ideal. In this case, it’s a watchdog group known as Advocates for Highway & Auto Safety. According to a recent report released by the group, Florida is among the worst in the nation when it comes to its safety laws and their enforcement.

Some of the problems Advocates for Highway & Auto Safety found in Florida include the inadequacy of its primary rear seat belt law. According to the Miami Herald article, over 45 percent of 21,000+ people killed as vehicle passengers did not have their seat belt on. Per the National Highway Traffic Safety Administration, more than 1,000 people had their lives saved thanks to the use of seat belts.

Besides the seatbelt laws, Florida was also called out for its lack of requiring motorcycle riders to wear helmets regardless of their age. Currently, anyone over 21 can ride without a helmet provided they have certain coverage with their insurance.

Florida Officers Will Soon Issue Citations for Texting While Driving

December 19, 2019Blog, Lifestyle / News, Miami Ticket Law Firm, Miami Traffic AttorneyMiami ticket law firm, Miami Traffic Attorneyadmin

textDrive (2)-1 Law enforcement officers have provided warnings and information to Florida drivers regarding the latest handsfree law updates since October of this year. However, the warning “grace period” will end on New Year’s Day, allowing officers to issue tickets in certain areas for anyone who is caught driving with a mobile device in their hands that isn’t considered handsfree.

Drivers caught carrying a “wireless communication device” while driving through zones with construction workers, school zones, or school crossings risk receiving a moving violation that comes with a fine of $60. Officers will use these last remaining weeks of December to educate drivers regarding the soon to be fully enforced laws, taking advantage of the increased number of holiday drivers traveling the Florid roadways. Drivers have been getting tear-off reminders about the new law provisions and their related fines ever since the new texting while driving laws were passed earlier this year. Once January 1st arrives, these reminders will be gone and drivers will instead receive citations and fines.

Florida’s Aggressive Holiday Drivers

December 13, 2019Blog, Lifestyle / News, Miami speeding ticket lawyer, Miami Ticket Law Firm, Miami Traffic LawyersMiami Speeding Ticket Lawyer, Miami Traffic Ticket Lawyeradmin

filip-mroz-h8_8UjwLne8-unsplash A certain city in the Sunshine State earned the dubious distinction of having more aggressive than average drivers according to the real-time fuel prices app GasBuddy. However, Miami drivers can rest assured that they did not earn the top spot.

GasBuddy evaluated numerous drives during the holiday week of Thanksgiving starting from November 27 through December 1^st. Factors that were recorded as aggressive included accelerating rapidly, braking hard, and speeding. It was Orlando that came in eighth place among the top cities with the most aggressive holiday drivers. Miami also made the list but its placement is all the way down at 26. Orlando also managed fifth place in speeding incidents.

Miami didn’t escape the top ten entirely. The city earned third place when it came to rapid acceleration, with fifteen percent more incidents than average involving rapid acceleration.

With Christmas Day and New Year’s coming up soon, be careful on the Florida roads. To read more, visit https://www.miamiherald.com/news/state/florida/article238270348.html.

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.