Category Archives: Miami Traffic Attorney

DUI Arrest Raises Potential Questions About Vehicles

ingo-doerrie-s664bXr_5E0-unsplashA Florida man recently made the news after being arrested for allegedly driving under the influence (DUI). While yet another DUI arrest in Florida is nothing new, the vehicle the man was caught driving is not the standard automobile. Instead, the man was driving a lawnmower. According to the news article, it was the sixth time the man was arrested for DUI but marked the first time he did so on a lawnmower.

Depending on your familiarity with Florida law, you may be wondering how someone could be arrested for driving a lawnmower. However, if you do some research, you’ll find that what constitutes a “vehicle” is broad. Besides common vehicles like a scooter, there is the possibility of being arrested if you are intoxicated and are caught riding or driving or something like a golf cart, an all-terrain vehicle, and—although potentially rare—a horse.

Always make sure you’re driving sober and following the Florida laws, whether it’s a standard automobile or even a lawnmower. To read more about the Florida man, please visit https://www.fox13news.com/news/holmes-beach-mans-dui-arrest-is-his-sixth-but-first-one-on-a-lawn-mower.

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.

Breathalyzer Results May Be Challenged

unnamedIn the event you are pulled over for being suspected of driving under the influence (DUI), chances are you’ll be asked to take a breathalyzer so that the law enforcement officer can determine whether your blood alcohol concentration exceeds the legal limit. If it is higher, you may be arrested and be charged with DUI.

Because breathalyzer results are a major piece of evidence in your DUI case, you may believe there is no way to defend yourself. However, there may be scenarios where the breathalyzer’s accuracy or admissibility may be challenged.

For example, the breathalyzer may not have been calibrated or cleaned properly. Results can vary based on when the device was last calibrated. Hence, a device that is off by .03 grams could be a major factor proving that you were below the legal limit. It’s also important that the officer who administered the breathalyzer has been thoroughly trained in its proper use. If the officer failed to administer the breathalyzer the way they were legally supposed to, the results may be challenged due to a potential lack of accuracy.

A DUI lawyer is a useful resource in helping you fight your DUI case.

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.

 

Florida Bill Seeks Larger Fines for Passing School Buses

school-bus-4406479_1920Florida Governor Ron DeSantis will soon receive a new bill aimed at doubling the penalties against any drivers that do not stop for a stationary school bus. Present legislation punishes drivers with a $100 fine for failing to stop for a school bus. The minimal fine increases to $200 when a driver passes a school bus on the side where kids enter or exit. Both offenses also bear a possible revocation of a license for subsequent committed offenses.

Known as CS/HB 37, should the bill manage to clear its various hurdles and become law, the minimum penalty would increase to $200 should a driver pass a school bus that has stopped. The bill will also raise the minimum penalty for drivers driving on the side of a bus where children go in or out to $400. Furthermore, subsequent offenses may result in a one to two year suspension of a driver’s license. If Governor DeSantis approves the bill, it would go into effect at the beginning of next year.

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.

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.

Miami Traffic Court Resumes Next Week

andrew-karn-pn820SYbA2Q-unsplashBeginning next week, Miami-Dade County traffic courts will be resuming operations after close to two months of suspension as a result of COVID-19. The restart, however, is bringing significant changes as hearings will be allowed to be done through tools that have proliferated in popularity in the age of social distancing, such as the videoconferencing software program Zoom.

The re-launch is being rolled out slowly. Lawyers defending motorists will be attending the first few weeks of hearings. The majority of these motorists face potential fines and driver license points for tickets that were issued before the pandemic forced the closure of courthouses back in March. In a couple of weeks, court officials anticipate that motorists without legal representation will have the ability to defend themselves through video or participate in a trial via the aforementioned Zoom should they so choose.

In April, court officials also launched another online program allowing Miami-Dade residents to go electronic to settle citations issued for lack of insurance documentation, vehicle registration, or driving with an invalid license. Dubbed Online Dispute Resolution, the website gets rid of the need for drivers to physically visit the court to submit their records.

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.

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.

US1 Construction May Affect You

raul-najera-qcA9xgvKkB8-unsplash-1Will 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.

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 someone at 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.

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.

FDOT Hits the Brakes on Cash Tolls

tollsAs efforts continue to reduce the spread of the COVID-19 pandemic, the Florida Department of Transportation recently announced it has temporarily ceased accepting cash at the various toll plazas across the Florida Turnpike. Instead, tolls will be collected via an electronic process using the driver’s license plate, or Pay by Plate. Drivers will then receive a bill in the mail for any tolls incurred.

These changes only affect drivers that use cash to pay for tolls. For those that use electronic devices such as SunPass to have their tolls billed, it’s business as usual. While not as common as they used to be, drivers can also use the exact coin lanes when available, though these will not have toll workers present.

The changes to the toll lanes are among the latest efforts by Florida in response to the coronavirus. Drivers are being encouraged to practice social distancing and refrain from going out unless it is necessary. When on the road, drivers should pay close attention to the electronic signs

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.

Changes in Store for the Palmetto Express Lanes

miamiHighwaysLast 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 122nd Street. Currently, the only access point is near Northwest 67th Avenue.

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

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 someone at 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.