Category Archives: Miami Traffic Attorney

Florida DUI Checkpoints: What You Should Know

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A sobriety checkpoint, often known as a DUI checkpoint, is an area where law enforcement officials station themselves to inspect drivers for symptoms of alcohol and impairment. It’s critical to understand your rights if you’re stopped at a DUI checkpoint.

When performing these checkpoints, police must follow various rules and regulations. You must stop and pull over if the police have requested it, otherwise you risk being arrested. If you want to avoid being arrested, arguing with a police officer over whether or not they can perform a DUI checkpoint is never a good idea. Drivers can, however, legally avoid stopping at a checkpoint by making a U-turn if they do not infringe any traffic laws in the process.

If you decide not to evade a checkpoint, have a calm and cooperative demeanor. You will be asked to roll down the window by the officer. Drivers must then present identification, such as a driver’s license, vehicle registration or proof of insurance. Once you have identified yourself and presented the proper papers, you are not required to provide any other information.

Avoid giving your consent to a car search. To do so, officers will need your permission, a warrant or probable cause. If they don’t have any of the aforementioned, you have every right to deny their request.

 

This update is brought to you by Hochman & Goldin, P.A. A Miami traffic attorney can assist you with criminal traffic violations, and our team is ready to answer your questions. Please call 305-515-5284 to speak with a red light camera violation attorney.

Pedestrian Fatalities Rising at an Alarming Rate in Florida

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According to a new report by the Governors Highway Safety Association, pedestrian deaths in the sunshine state have increased significantly over the last three years.

In 2021, 444 people died while walking in Florida, an almost 31% rise over the previous year, according to the data. This is also a greater increase than the national average. From January 1 to June 30, pedestrian fatalities in the United States jumped approximately 17%, from 2,951 in the first six months of 2019 to an estimated 3,441 in the same period last year. This represents a 507-death increase.  Over the last decade, pedestrian deaths have increased 46%, from 4,457 in 2011 to 6,516 in 2020.

For more than a decade, highways that prioritize speed over pedestrian safety have contributed to a rise in pedestrian fatalities. Inadequate pathways and insufficient lighting have also played a role. Additionally, within the time period covered by the report, there were significant behavioral abnormalities at play. An increase in unsafe driving that began when Americans saw wide open highways at the beginning of the pandemic has continued as traffic volume returns to more typical levels. 

The Governors Highway Safety Association is a non-profit organization that represents state safety offices that use federal grant funds to solve highway hazards caused by driver conduct behind the wheel. 

 
If you have a traffic ticket you would like to fight, such as a speeding ticket, contact a Miami traffic attorney. If you have reason to believe you unfairly received a red light ticket, contact a red light camera violation attorney.

Distracted Driving Awareness Month: What You Need to Know

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April is National Distracted Driving Awareness Month, which is an excellent reminder to refocus and accept responsibility for the decisions we make while driving. For a safe journey every time, follow these safety tips:

  • Do you need to send a text message? Pull over to the side of the road and park your car in a secure spot. Sending or reading a text is only safe after that.
  • Assign a “designated texter” to one of your passengers. Allow them to use your phone to answer calls and texts.
  • While driving, do not use any apps, including social media. 
  • Having trouble not texting and driving? Place your phone in the trunk, glove box or back seat of your car until you reach your location.

Our roadways are plagued by a terrible epidemic of distracted driving. In addition to texting while driving, additional harmful behaviors include conversing on the phone or to other passengers in the car, setting your navigation, changing your music, eating food and more. When you’re distracted while driving, you deprive yourself of valuable seconds that may be used to avert a close call or fatal collision.

Throughout April, officers will use local media interviews, school visits and traffic safety presentations to educate the public about the risks of distracted driving. Make a commitment to refrain from texting and other types of distracted driving, and encourage your loved ones to do the same.

 

Visit Hochman & Goldin, P.A. online for additional information about a Miami traffic attorney or red light camera violation attorney.

Have You Received a Traffic Ticket in Florida? Learn Your Options

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Everything is new the first time around. We don’t always know how to deal with these firsts, and traffic tickets are no exception. However, if this is your first ticket, here are your three options of what to do after receiving a traffic ticket:

Pay the Fine and Move On

Remember that paying the penalty could result in points on your license as well as an increase in your insurance premiums.

Pay the Fine and Sign Up for Traffic School

This implies you’ll have to pay both the ticket and the traffic school fees. Most schools need you to attend a class for at least four hours. While online traffic school is available, you must still complete the four-hour equivalent in a classroom.

Fight Your Traffic Ticket in Court

This means you don’t have to pay your ticket until the end of your trial, and you won’t have to pay anything if it’s dismissed. It’s normally advisable to employ legal counsel if you plan to contest your ticket or if you want special arrangements. A Miami traffic attorney can help you avoid traffic school and save time by representing you in all court appearances.

Never ignore or do nothing in response to a traffic ticket. Failure to respond to a traffic ticket can result in further fees and fines, as well as the suspension of your driver’s license. 

More questions about traffic violations? Contact a red light camera violation attorney.

Moving to Florida? Things to Know to Avoid a Traffic Ticket

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Is Florida on your list of possible destinations? These days, it seems like everyone’s moving to the Sunshine State. Florida’s laws may be similar to those in other states, but there are a few things to be aware of to prevent a traffic ticket ruining your move.

Cell Phones and Driving

While it is not unlawful to use a cell phone to make a call while driving, it does make driving more unsafe. In Florida, however, texting while driving is prohibited. If you’re pulled over for texting, the first offense will result in a noncriminal traffic ticket. A second offense, however, will result in a moving violation. As a result, put your phone aside while driving to be safe. 

The Move over Law in Florida

A “move over” statute exists in Florida, requiring cars to safely move over a lane for stopped police enforcement and emergency vehicles, as well as sanitation trucks, utility service vehicles and tow trucks.   When you can’t change lanes, you must slow down 20 miles per hour less than the posted speed limit. If the posted speed limit is less than 20 mph, however, you must slow to 5 mph.

Motorists and Cyclists

The weather in Florida is ideal for cycling all year. As a result, most public roadways are shared by vehicles and bikers. Bicyclists must ride alongside automobiles because not every road has a designated bike lane. In addition, bicycles have the same rights and obligations on the road as motorists. In other words, bikers must adhere to the same traffic laws as motorists.

 
Visit Hochman & Goldin, P.A. online for additional information about a Miami traffic attorney or red light camera violation attorney.

Dealing With a Misplaced Traffic Ticket

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One of the most common problems that people have is losing their actual traffic ticket. A misplaced ticket can create a slew of complications. If this occurs to you, do not panic as there are several ways to resolve a lost ticket.

The state of Florida’s online system is the first place you should search for a missing traffic ticket. The driver’s license checking tool provided by the Florida Department of Highway Safety and Motor Vehicles can help you locate your driver’s license. If you are unable to obtain information about your ticket using this tool, it is possible that your ticket has not yet been logged into the online system. If you don’t see it, don’t believe that you won’t be penalized for not paying your ticket.

Since Florida processes traffic tickets on a county level, you’ll need to keep track of where you were when you received the ticket. It’s usually a simple task at hand. You can contact someone in the jurisdiction to enquire about the fine after you know which county the ticket was issued in. You will be required to provide basic information, such as your name and driver’s license number. After that, you should be able to get a replacement from the local jurisdiction. 

Another option for resolving a lost ticket is to seek assistance from a lawyer. Find someone with experience, such as a Miami traffic attorney.

 

Questions about traffic violations? Contact a red light camera violation attorney.

Tips for Dealing with Law Enforcement When You Know You Don’t Deserve a Traffic Ticket

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Many people are unaware of or misinformed about their legal rights when dealing with law enforcement. When you see flashing lights behind your vehicle, here are a few tips on how to deal with police officers more effectively.

 

Be Polite

Allow the officer to begin speaking. The police will usually ask for your driver’s license and registration first. Act non-aggressive and non-defensive. Even if you are noncommittal about inquiries, try to answer the officer’s questions politely.

 

Legality of Police Searching Your Car

Don’t agree to illegal searches or questioning out of fear or a desire for transparency, if you know you’re not doing anything wrong. If you cooperate to the search, it will be considerably more difficult to contest any evidence found in your vehicle. Furthermore, whether you give permission or not, if the police have reasonable grounds to search your vehicle, he or she will do so.

 

Don’t Incriminate Yourself

Until you have a lawyer present, you have the right to remain silent. Keep in mind that whatever you say can and will be used against you in court. Do not lie to a police officer, but if you do speak with a police officer, keep your responses brief.

 

Obtain Legal Counsel

If you have been issued a traffic ticket, contact a Miami traffic ticket lawyer. A lawyer can advise you on what to expect in court and how to present the greatest defense possible if you wish to contest it. 

 
Questions about other traffic violations? Contact a red light camera violation attorney.

How to Avoid the Potential Hidden Costs of a Speeding Ticket

How to Avoid the Potential Hidden Costs of a Speeding TicketIf you are ticketed for speeding in Florida, you may face monetary penalties as well as points on your driver’s license. While most Florida speeding tickets are $500, fines can range from $1,000 to $5,000 if the infraction occurs in a construction or school zone, or if you are caught speeding excessively. How fast you drive over the permitted or stated speed limit determines the number of points awarded to your Florida driver’s license, as well as other severe consequences.

 

If you receive a speeding ticket in Florida, your auto insurance price is likely to rise. However, factors such as your prior driving history, ZIP code, auto insurance provider, and vehicle type can all affect your premium, so your final cost could be greater or cheaper than those indicated above.

 

Additional penalties may be imposed depending on the severity of the traffic offense and your previous driving record. There are, however, additional considerations to consider if you receive a traffic citation in Florida, such as whether or not you want to fight the ticket. If you do, you’ll almost certainly need to appear in court or hire a lawyer.

 

We at Hochman and Goldin have been practicing law for over 20 years, representing people charged with various traffic offenses all around Miami-Dade and Broward Counties. We guarantee you will not receive any points on your driver’s license or your money back. This is solely for civil offenses, and only if no additional tickets have been issued in the previous year. Pay a one-time fee of $69. This fee is for each civil violation and does not include any court fees. We’ll assign you a Miami speeding ticket attorney who will do everything possible to have your case dismissed.

 

Questions about other traffic violations? Contact a Miami traffic attorney.

Proposed Bill to Catch Speeders in School Zones

HochmanGoldin (2)To improve safety, Florida lawmakers are considering allowing cities and counties to deploy cameras to catch speeders in school zones. Those caught driving 10 miles per hour or more over the speed limit could be issued a ticket, and in need of a Miami traffic attorney.

 

If the bill is passed in its current form, it would allow cameras to start rolling half an hour before school started and stop half an hour after classes ended. According to the bill, the cameras would identify vehicle speed as you drove through a school zone. The speed cameras would function in a similar way as red light cameras. The registered owner of every car caught on camera would receive a speeding ticket in the mail within 30 days of the incident, without ever engaging with a police officer.

 

The bill’s phrasing does give offenders some discretion, allowing them a free “warning” for a first violation. Following that, fines rise in proportion to the driver’s speed, reaching $500 for exceeding the speed limit by 30 miles per hour or more. All electronic images, videos and documentation of the vehicle as measured by a speed detection system would be available for review to those ticketed. A hearing can also be requested by those cited.

 

Under the present version of the bill, proceeds from each ticket would go to the state Department of Revenue, the local county or municipality, and the school district where the infraction happened. The funds will be used entirely on school transportation and safety programs.

 

Questions about other traffic violations? Contact a red light camera violation attorney.

Stay Safe for the Big Game

Stay Safe for the Big GameSuper Bowl weekend is almost here, and though the big game this year will be played 3,000 miles away, millions of Floridians will still be joining in on the excitement. Our Miami traffic attorney team wants to ensure you are prepared and ready to do so responsibly.

All across the state this weekend, Law enforcement agencies will be placing additional patrols on roads to help keep the roads safe. Patrols will be focused on impaired drivers, speeding violations and seat belt enforcement throughout the weekend.

If you’re planning a night out or attending a party for the Super Bowl, make plans ahead of time that will prevent you or anyone else from getting behind the wheel of a vehicle after drinking. Remember that it is never okay to drink and drive, even if you’ve had only one alcoholic beverage. Always designate a sober driver or plan to use public transportation, taxi or a ride sharing service to get home safely, such as Lyft or Uber.

Driving drunk could result in injury or death for you or others on the road. If you see a drunk driver on the road, contact law enforcement immediately.

For the past 20 years, Hochman & Goldin, P.A., has provided legal representation to individuals charged with various traffic violations throughout Miami-Dade and Broward.

Visit us online to learn more.