Category Archives: Miami Traffic Attorney

Failure to Yield Law in Miami, FL

Hochman Goldin BlogAs defined by Florida law, failure to yield is when a driver fails to lower speed or come to a full stop for another vehicle or a pedestrian when it was needed. Everyone operating a vehicle must know local, state, and federal driving laws, and that includes the right information to know when yielding is needed. Drivers who fail to yield may receive a citation.

Tickets for failing to yield that is wrongly given out can be fought by a Miami traffic attorney.

Penalties for failing to yield will likely end up in a fine of up to $500 as long as no one was injured. However, if an accident did occur, the fine will be significantly more, and drivers may face reckless driving charges in addition to a failure to yield citation. If bad enough, this can cause drivers to have their licenses suspended, ultimately adding four points to their license and higher insurance rates.

You may still be able to defend your ticket with a red light camera violation attorney. As this can be a bit more of a grey area, there are some statutes that can cause multiple defenses for failing to yield and will vary per case. These would include poor visibility of lines and signs, if another driver broke the law or reckless driving from another driver, avoiding potential harm to the driver, other vehicles, and pedestrians.


There must be proof that a driver failed to yield to another vehicle or pedestrian. Many cases are based on the subjectivity of the police officer who handed out the ticket and can be fought in court if needed due to the subjective nature.

Florida DUI Laws

Hochman BlogFlorida law mandates that no person should drive under the influence of alcoholic beverages, chemical substances, or controlled substances. If such a case occurs, it will be considered a Driving Under the Influence (DUI) charge. Proven impairment and unlawful blood alcohol levels (0.08 or above) can result in many high-stakes convictions.

A fine costing anywhere from $500 to $1,000 will be given under typical circumstances for the first conviction. If the blood alcohol level was higher than 0.15, or if a minor was in the vehicle, a fine of $1,000 to $2,000 will be issued. For the second conviction, a fine of $1,000 to $2,000 will be given out, and if the blood alcohol level was above 0.15, then fines are doubled, resulting in a charge from $2,000 to $4,000.

After a second offense, the charges and convictions increase exponentially. Fines increase to $5,000 but can be higher as that is only the allotted minimum when it is the fourth conviction. At the discretion of the court, sentences can result in imprisonment and/or abuse treatment programs that may be used toward the detention term. You may also have your vehicle impounded or immobilized.

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.

Hochman & Goldin, P.A., Miami traffic attorney, and red light camera violation attorney provides assistance with criminal traffic violations. To learn more, please visit us online.

FDOT is Urging Drivers to Pay Attention

Hochman BlogThe Florida Department of Transportation (FDOT) is pleading with drivers to pay more attention to the road this summer. Last year, there were over 48,500 reported crashes caused by distracted driving in Florida. To combat this issue, FDOT will provide opportunities for drivers to educate themselves on distracted driving prevention when traffic is heavier with summer travel.

Director of FDOT, Terry L. Rhodes, says of distracted driving in Florida, “As you drive this summer, respect your safety, respect the safety of your passengers, and respect the safety of other road users by eliminating all distractions and focusing on driving.”

Anyone can be involved in a distracted driving case where you need a Miami traffic attorney, but drivers ages 16 to 24 years old are at the highest risk of distracted driving crashes. Texting while driving is the most common cause of distracted driving and potentially the most dangerous as it impairs visual, cognitive, and manual focus.

FDOT recommends the following to help prevent dangerous situations as a result of distracted driving:

  • Pull over to a safe location and park your car if you must send or receive a text message.

  • If you are riding with other passengers, designate a texter to send and read text messages for you.

  • If you have trouble restraining from looking at your phone while driving, put it in the trunk.

This update is brought to you by Hochman & Goldin, P.A., red light camera violation attorney in Miami. To find out how we can help you fight traffic tickets, visit us online.

Will Florida No-Fault Repeal Benefit Drivers?

Hochman BlogSince 1970, Florida has been under no-fault insurance law, which requires drivers to have personal injury protection coverage as a separate part of their auto insurance, a coverage that pays the insured party’s bills, no matter who was at fault (up to the plan’s coverage limit). The law was initially passed to reduced civil cases following accidents due to negligence – but it is not liability insurance.

In 2021, Florida lawmakers have been looking to repeal the law (Senate Bill 54) in favor of mandatory bodily injury coverage (MBI). Currently, the bill is awaiting Governor Ron DeSantis’s signature, and if he does not take action, the bill will become a new law effective January 1, 2022.

Florida is only one of the two states that do not require MBI coverage, and while coverage laws have not been updated since 1979, roughly 60% of drivers in Florida already have MBI coverage. The exchange from PIP to MBI issuance will mean that the new law will pay out $25,000 for each injured party or $50,000 per event and $10,000 for any property damages that occur during the accident. A failed amendment will mean that drivers will need to purchase medical payment insurance but can only get it if their insurance offers it.

The repeal could cause a surge in premium costs by upwards of 50% and further increase of uninsured drivers in a state that already pays the highest auto insurance premium in the country. American Property Casualty Insurance Association says of the potential veto, “Now is not the time to make major policy changes that affect every Florida driver and impose a tremendous financial burden on Floridians, especially those who can least afford it.”

If you have questions regarding Senate Bill 54 and what it means for you or for a red light camera violation attorney, visit Hochman and Goldin, P.A., Miami traffic attorney, online.

Florida Driving Laws Now Allow Hazards in Heavy Rain

Hochman BlogFlorida drivers have been used to not being allowed to drive in heavy rain and fog with their hazards, but that is set to change July 1, when the law will start allowing it. Previously, drivers were allowed to drive with headlights on low beams and encouraged to drive slowly in inclement weather conditions. This new law does not come without a set of restrictions – drivers are only allowed to use hazard lights on the highway when the speed limit is 55 miles per hour or higher.


However, most drivers in Florida do not realize that it is illegal, and some even struggle with confusion surrounding the law. If you feel that you have been wrongfully issued a ticket, a Miami traffic attorney can help.


The Department of Highway Safety reported that at least 46 people have been cited for violating this law in the state of Florida over the last three years. A report from AAA shows that there are currently only ten states that prohibit using hazard lights while driving.


Florida Highway Patrol says the functionality of this law is to avoid confusion for law enforcement. When troopers see flashing lights, they assume a driver needs help, but hazards can overturn a vehicle’s turn signals, causing danger when switching lanes. Previously, the lights were only meant to be used during a funeral procession or when stopped on the side of the road.


Many drivers still drive with their hazards on because of the extremely low visibility during storms, which can come unannounced, giving the Florida government reason to overturn the law.


Hochman and Goldin, P.A. red light camera violation attorney, can provide legal counsel throughout the entire process of disputing a ticket. Visit us online to get started or to learn more information.

What Happens if You Accidentally Run a Red Light?

Hochman Goldin BlogWhile it does happen, most people do not intentionally run red lights. The large majority of those with red light violations are caught by just barely missing a yellow light’s warning. If your vehicle was snapped going through a red light, you can expect to receive a ticket of roughly $158, and if caught by a police officer, a ticket of even more.

You will get four points added to your license and higher insurance rates. Too many points, and you will wind up with a suspended license.

What if you ran a red light by accident?

Most of the time, there is hard enough evidence to show that you did run a red light. Red-light cameras take a photo of your license plate and show in plain sight where your vehicle was at the time of the incident. However, you can refute it with a red light camera violation attorney if you believe this was done by mistake.

Some red-light tickets are even given out under incorrect circumstances, such as you were not the one driving the vehicle, or you were making a permissible right turn on red. Sometimes machines and technology glitch.

You can defend yourself against these tickets by claiming that you went through a yellow light instead or were avoiding a dangerous situation and had no choice other than to drive through the light.

Receiving a red light ticket is not always your fault. If you have reason to believe your ticket was wrongfully issued, a Miami traffic attorney can help you prove your innocence.

New Auto Insurance Bill Could Cause Higher Insurance Premiums

Hochman BlogThe new Senate Bill 54 bill is estimated to cause a rise of $344 on average for Florida auto insurance. SB 54 plans to eliminate no-fault or personal injury protection insurance, or PIP for short. Instead of paying these premiums, drivers would need to buy bodily injury insurance coverage. Insurance companies for at-fault drivers would need to pay out up to $25,000 for any injuries that resulted from automobile crashes.

PIP covers expenses for medical bills, lost wages, and funeral costs if necessary after accidents regardless of who is at fault. This insurance even applies to auto accidents that would require you to have a red light camera violation attorney and those that occur when you’re not driving, such as a pedestrian-auto accident. PIP does not cover property damage, the other person’s injuries, or injuries from an accident if you were committing a crime.

Bodily injury protection insurance helps those who are legally responsible for auto accidents. It helps pay the cost of injuries for passengers in the other vehicle and their loss of income, as well as your own legal fees.

Florida is among the top ten states for uninsured drivers, driving the urge for the bill to pass, including cutting down on litigations, in which you might need a Miami traffic attorney. However, some believe the bill will be harmful to lower-income drivers who could see a 40 percent increase in the cost of premiums.

The governor of Florida has yet to decide if SB 54 will pass or not.

When You Need an Expungement Attorney in Florida

Hochman BlogExpungement is the process of destroying, erasing, or sealing arrest and conviction records. In most states, adults and even juveniles are allowed to partake in expungement for specific offenses. In Florida, the process to determine eligibility usually takes 12 weeks from the day a completed application is received.

 To qualify for record expungement, your charges must have been dropped or dismissed by a judge or jury, you must have never been convicted of a criminal offense in Florida, and you must have never sealed or expunged another arrest record in Florida (unless expunging an arrest that has been sealed for ten years). For Juveniles, the charges must also have been dropped, along with felonies and specified misdemeanors that ended up in adjudication of delinquency has been expunged under certain circumstances (see s. 943.0515, Fla. Stat for more information).

 In Florida, you can be found guilty but not convicted, which may allow for qualification of record sealing.

Any charges such as assault, battery, unlawful possession of a weapon or firearms, arson, neglect of a child, and animal cruelty are a few changes that can keep you from qualification. Visit the extensive list of statutes for more information.

 Typically, there are eight ways to seal and expunge records :

  • Administrative expungements

  • Court-ordered sealing or expungements

  • Juvenile diversion expungements

  • Automatic juvenile expungements

  • Early juvenile expungements

  • Lawful self-defense expungements

  • Human trafficking expungements

  • Automatic sealing

It is recommended that you first apply and see if you qualify before reaching out to a Miami traffic attorney. If you are eligible, give Hochman Goldin a call. We represent clients in expungements, red light camera violations, and traffic tickets. Our red light camera violation attorney can help.

What You Need to Know About Speeding Tickets and Points

Hochman BlogChances are if you have been driving any length of time, you have come face to face with the very real possibility of a speeding ticket (or have even gotten one!) It may seem like a huge mess, but if you keep a few things in mind, you should be prepared and far less stressed next time you get pulled over for speeding.

Did you know you accumulate points on your driver’s license? These depend on how fast you were driving and if you got into an accident. Going less than 15 miles over the speed limit will land you three points, but if you were going any faster, you will get four points. Got into an accident because of your speeding? That will earn you six points. Texting while driving will also automatically add 3 points to your primary offense.

Twelve points in any 12-month period will get you a 30-day license suspension in Florida.

Minor violations will allow you to attend online school for basic driver improvement – it will keep points off your license and lower any fines associated with the ticket.

High-speed speeding tickets are in a class all their own. Going 50 miles per hour or more over the speed limit could land you in jail, especially if it occurs with other offenses. You will likely be charged with reckless driving and could face third-degree felony charges. This will result in five years of prison time, ten years of license revocation, and up to $5,000 in fines.

Your best bet is not to speed at all. Take caution and pay attention to the road signs indicating the speed limits wherever you are driving.

Should you have any questions regarding a traffic-related matter such as a citation, please contact us to speak with a Miami traffic attorney or a red light camera violation 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.

Understanding How Red Light Cameras Work

Hochman BlogDriving through a red light is illegal in Florida, and will get you an expensive ticket. Knowing how red light camera violations work is important to prevent tickets and fines that will only increase over time.

Every flash at the red light does not always indicate a ticket. Sometimes the camera is triggered if someone makes a hard break, even without them actually passing the light. Essentially, these cameras flash when the front wheels of a car go past the trigger point. Each image captured is reviewed by a police officer who determines if there was a violation or not.

The camera will take two pictures, as well as record 12 seconds of video. If you have a red light camera violation, your notification of violation will include the date, time, and intersection of which it occurred, with camera proof.

Red light camera violations do not add points to your license. Your bill (formally known as a Notice of Violation) will come in the mail and you will have 30 days to pay it. If you fail to pay after the first notice, a second notification will be sent and the bill will be increased to $262. Red light camera violations are not considered tickets until a second notice for payment is sent. After that, points will be added to your license.

Should you have any questions regarding a traffic-related matter such as a citation, please contact us to speak with a Miami traffic attorney or a red light camera violation 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.