Category Archives: Miami Traffic Attorney

Prescription Drugs Are Also a DUI Risk

joshua-coleman-eqhVilWdBJo-unsplashWhenever we see the acronym DUI, our thoughts may immediately drift toward a drunk driving charge. However, Florida’s laws when it comes to Driving Under the Influence encompasses alcoholic beverages as well as chemical substances, and controlled substances. In other words, if a person is caught driving under the influence of illegal drugs or even prescription drugs, they may receive a DUI charge. These types of charges may prove to be a little trickier to navigate and overcome as they often rely on the decisions made by the law enforcement officer.

Should a person be suspected of driving drunk, they will be administered a test to measure the blood alcohol content (BAC). If the BAC is beyond the legal limit, the driver will be charged with DUI. Nevertheless, should a driver operate a vehicle while under the influence of prescription drugs, a legal standard has not been established regarding the amount of medication that may be allowed in a person’s system that could result in a DUI charge. A driver risks being charged with DUI if they are noticed driving erratically by a law enforcement officer and the officer finds out the driver is taking a prescription that may affect their driving. Because of the legalities and minutiae involved with such charges, a Miami traffic attorney is a vital resource.

There are numerous over-the-counter and prescription medications capable of causing side effects such as drowsiness, impairing a driver’s vision, or reducing concentration. In turn, a driver cannot operate a vehicle as safely as they should be able to. Per the Federal Drug Administration (FDA), anxiety and cold medications, muscle relaxants, and antidepressants are a few examples of drugs that may affect driving ability.

Regardless of what led to the DUI, the charge will appear on a driver’s record as a DUI charge whether it was alcohol or prescription drug-related. A second DUI charge will result in much harsher penalties and the ramifications of the first DUI can be severe. For example, a driver may find that their vehicle insurance rates will skyrocket once the insurance company finds out about the charge. A DUI charge may even go as far as affecting the driver’s ability to secure a job.

Whether you need a DUI attorney or another resource such as a red light camera violation attorney, legal representation when it comes to driving-related charges is practically a must.

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.

Learner’s License Permits and Out of State Drivers

fabian-albert-KqpoiWI4-00-unsplashSpring and summer are around the corner, which means there may be more people visiting Florida. These people may decide to forego flying in favor of driving and being around strangers for an extended period. This brings up an important question to consider for any out-of-state drivers that may only have their learner’s license permit: can they legally drive in Florida?

Learner’s permit vacationers can breathe a sigh of relief as they can indeed drive legally in Florida with the permit. However, they should remember that they are bound by and must abide by the same learner’s license permit rules as that of a Florida resident. This means, for example, that a licensed driver must accompany the driver with the learner’s permit while they are operating the vehicle.

If you’re planning on navigating the South Florida roads this spring and summer, please exercise caution and remain at all times. South Florida is well-known for having drivers that may often be distracted or fail to follow the rules of the road and proper driving etiquette.

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.

Are Radar Detectors Legal?

sports-car-4815234_1920While 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.

The Danger of Lane Splitting

motorcycle-4187586_1920Driving 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.

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.

Major Miami Roadway Will Temporarily Close

macArthurMiami is gearing up to host the second presidential debate later this month, and that means security will be extra tight and there will likely be road closures. Indeed, one of these roads will be the MacArthur Causeway, one of the arterial roadways connected to Miami’s downtown area and the barrier island of Miami Beach.

The MacArthur Causeway will be closed entirely to traffic coming from the east and west and that also includes any pedestrian or bicycle traffic. Its closure will begin on the 15th of October from 8 am to 1 am on the 16th.

If you frequently use the MacArthur Causeway to get to places such as work, for example, you are encouraged to use the Julia Tuttle Causeway (I-195) or the 79th Street Causeway should you need to visit Miami Beach. Drivers also have the option of using the Venetian Causeway but it’s being predicted that there will likely be heavy traffic on this roadway.

To read more, please visit https://www.miamiherald.com/news/traffic/article246088360.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.

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 Driver Plows into a “Drive Sober or Get Pulled Over” Sign

drink-driving-808790_1920Chances are you’ve noticed the signs throughout Florida with the words “Drive Sober or Get Pulled Over”. These signs are often electronic and are part of a campaign while also serving as a reminder of the importance of not getting behind the wheel if you’ve had too much to drink.

In a bizarre coincidence, a Florida driver is making the news after he was arrested for driving under the influence (DUI) when he hit one of these signs informing drivers not to drive under the influence. The 22-year-old man hit the digital sign and was arrested after law enforcement officers discovered him inside of a Mazda that had sustained damage following the crash into the sign. The man claimed that he was speaking to a friend on the phone when the crash occurred and after taking a breathalyzer, his blood-alcohol level was twice Florida’s legal limit.

Besides being charged with DUI, the man is also facing charges of property damage as a result of hitting the sign.

To read more, please visit https://www.thedrive.com/news/36152/florida-man-arrested-for-dui-after-hitting-a-drive-sober-or-get-pulled-over-sign.

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.

Recent License Requirements Make It Harder for Immigrants

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Countless numbers of immigrants without documentation that are legally able to drive may find themselves unable to obtain driver license following Florida’s recent changes to the identification requirements that need to be met in order to get a license.

During the month of May, the Florida Department of Highway Safety and Motor Vehicles upped its requirements detailing what certain immigrants need to provide in order to receive their driver licenses. The new requirements make it especially hard for soon to be deported people to get a license.

People with pending deportation proceedings have been able to get a driver’s license prior to May 11 as long as they had a court record showing they had a potential hearing date. Currently, when applying for or renewing a visa (which may be valid for immigrants for up to four years) they need to present a valid passport that is not expired and an I-94 form, the federal document confirming that the persons entered the United States through legal means.

To read more, visit https://www.miamiherald.com/ news/local/immigration/ article244408367.html .

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.

 

Factors That Contribute To Speeding

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As if it wasn’t obvious already, speeding jeopardizes everyone on the road.

Drivers speed for numerous reasons. Sometimes it’s a pure habit, and other times it is a race against time. Miami residents are well aware of the infamous rush hour. Juggling busy schedules and other frustrations, most try to avoid rush hour by speeding when commuting to and from our daily duties. But did you know that in 2019 there were a total of 64,627 collisions in Miami-Dade County?

Overconfidence is another contributing factor that leads to people speeding. When one is familiar with a route, they tend to be less attentive to the road and more inclined to speed.

Human emotions play a role as to why people speed. Some drivers find it thrilling to speed and the “adrenaline rush” gained from it. Naturally, humans crave excitement and can become addicted to getting this rush.

Drugs and alcohol are also attributed to speeding. The effects of specific drugs also give people an adrenaline rush leading them to speed and drive more recklessly.

Among various factors in why people speed, it’s important to realize your habits and know that it puts everyone on the road including yourself in harm’s way.

Speeding is illegal, in minor cases, you will receive a speeding ticket or fine. In more severe cases other punishments will be issued.

Speed limits and traffic laws differ in states and certain territories; get informed with your traffic laws and always be mindful of yourself and others while on the road.

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 305-515-5849 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.

 

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.