Category Archives: Miami Traffic Attorney

Intoxicated Horseback Riding May Result in a DUI

horseRoadGetting a DUI typically happens because the driver was caught operating a vehicle while under the influence. However, with Florida’s reputation for often making headlines for some unusual or amusing reasons, there are examples of people being arrested for DUI despite not having driven something like a car, truck, or motorcycle.

Two examples happened back in November of 2017. A woman was arrested for DUI when she was stopped after drivers caught her riding her horse on a highway. When law enforcement administered a breathalyzer, she was well over the legal limit. In another example, a man was charged with a DUI after erratically driving a lawnmower on the road with a case of beer in tow. He too was well over the legal limit when he was stopped.

Sure enough, taking a closer look at Florida statute 316.193 reveals that although a person must be driving or physically controlling a vehicle, there is no clear definition stating the vehicle is limited solely to a traditional automobile or a type of motor vehicle. It is indeed quite possible to get a DUI while riding a horse, a lawnmower, a golf cart, or even a motorized wheelchair.

To read more and see other examples, please visit https://blogs.lawyers.com/attorney/dui-dwi/can-you-get-a-dui-in-florida-if-youre-not-driving-a-car-53980/.

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.

Ridesharing Services Restrict Ultra Transportation

 

ultra

This weekend, Virginia Key will be serving as the first time host of the massively popular Ultra Music Festival which, for years, was held at Bayfront Park. The three-day festival is expected to bring well over 55,000 people, and city officials are hard at work making sure traffic flow remains smooth on the Rickenbacker Causeway.

For those unaware, the Rickenbacker Causeway is the sole roadway connecting the Miami mainland to Virginia Key. To keep traffic running smoothly, ridesharing services like Lyft and Uber have announced that they will not be picking up passengers from Virginia Key during the Ultra Musical Festival.

For those that are planning on relying on ridesharing, they will instead have to take one of the shuttles that will transport them to one of three different locations: Vizcaya Museum & Gardens, the former home of the Miami Herald close to Omni, or the American Airlines Arena. Only from these locations will people be able to request an Uber or Lyft ride.

It’s worth noting that while both Uber and Lyft will not pick up passengers, they will still drop people off at Virginia Key. While Uber has no intention of restricting drop-offs, Lyft will stop dropping people off beginning at 10:30 pm until 6 am. Key Biscayne residents can still request vehicles from both services.

If you are planning on driving near the Rickenbacker Causeway or the downtown area this weekend, practice caution.

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 about Miami civil traffic tickets.

Illegal Immigrants May Become Licensed Drivers

driveFlorida is once again generating national headlines, and you may have already read about the reason why. A bill was recently introduced into Florida’s House and Senate that would bestow driver’s licenses to immigrants regardless of their current immigration status. The bill would allow immigrants that may be here illegally to use documents such as a foreign birth certificate or an unexpired foreign passport to obtain their license.

The House bill sponsor believes the legislation will create a deeper level of trust with those that may be considered “marginalized” and it will also make the roads safer. The Florida Immigrant Coalition also backs up this belief, stating that permitting those without proper documentation to receive a license would “cement” trust in law enforcement. The group also believes that insurance premiums would be lower and the roads would be safer.

Only time will tell whether illegal immigrants will be able to legally drive on the Florida roadways. For now, at least, current state law requires that anyone wishing to obtain a driver’s license must prove they are a citizen of the United States or a resident alien.

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.

Is It Okay to Pass a Police Officer?

copsThere are the unwritten rules of the road and then there are the ones that become law. Drivers often tense up when they spot law enforcement nearby. If you’re driving behind one of these vehicles and they happen to be driving really slow, the unofficial rule is to be patient and not pass the vehicle.

Drivers should know that the rule is indeed unofficial. In other words, there is no law stating that it is illegal to pass a police officer. However, if you do decide to pass, it’s also wise to proceed with caution. Most drivers will refrain from passing a law enforcement vehicle as it may result in drawing unwanted attention. Depending on what the driver may or may not be doing, this could put them at greater odds of receiving a traffic ticket.

If you are on the roads and you’re noticing the police officer in front of you is driving slow, try and look for any reasons as to why. The officer may be part of a funeral procession, which has its own set of laws. If the coast seems clear and you’re not doing anything wrong, you can pass the officer without breaking the law, but always use your best judgment and follow the laws of the road if you decide to do so.

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.

FDOT Proposal Seeks to Ease Traffic

tollWould you pay a little extra to avoid traffic slowdowns? Express lanes such as those on I-95 are already intended to ease the flow of traffic, but what the state has in mind is quite different. Double-decker toll lanes are being proposed on the Palmetto Expressway, resulting in an express route between South Dade and State Road 836 with the goal of allowing drivers to pay money to avoid traffic tie-ups.

Similar to I-95, optional toll lanes would be used to fund a project stretching just over five miles set to be built about thirty feet above street level. These elevated lanes would be considered express lanes, providing a connection free of stops between 836 and the Don Shula Expressway to the north and south, respectively.

These proposed double-decker toll lanes are among the several options Florida’s Department of Transportation has been evaluating as a way to widen the Palmetto and create “managed” toll lanes near the current free lanes. Like I-95, prices on the optional toll lanes would fluctuate depending on the level of traffic congestion.

To read more, please visit https://www.miamiherald.com/news/local/community/miami-dade/article227309044.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.

 

Proposed Bill Targets Drivers Illegally Passing Buses

schoolBus (2)As Florida seeks to crack down on distracted driving by proposing tougher bills, another unrelated bill was filed last month in the Florida House. House Bill 849 would give school districts permission to outfit school buses with cameras able to record the license plates of drivers that pass the bus when students are boarding or getting off of the bus.

Despite the flashing lights and the visible stop sign that emerges, there are drivers that will ignore the signs and illegally pass the bus. Should the bill manage to make it through all of the hurdles and become law (expected to go into effect in October), law enforcement agencies would also have the authority to examine the camera footage, use it as evidence, and send tickets to the drivers that committed the offense.

To read more about the proposed bill, please visit https://www.wtxl.com/news/new-florida-bill-targets-drivers-who-illegally-pass-school-buses/article_09a41df0-33e4-11e9-862c-5fe370485c34.html. Have you ever seen a driver illegally passing a school bus? If so, how do you feel about the potential new bill?

This update is brought to you by the Miami traffic ticket lawyer team of teamof 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.

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 Makes Bold Moves on Distracted Driving

distractedDrivingWhile Florida legislators look for ways to tackle texting and driving, another pair is looking to take things up a notch by also making it illegal to perform other actions such as applying makeup or even petting your pooch.

The state legislators believe Florida is in need of stricter laws when it comes to Florida’s roads. In order to ensure pedestrians and drivers are safe, the goal is to get rid of distractions when behind the wheel and concentrate solely on driving. Some of the examples of what would be considered illegal under the bill include reading, interacting with cargo that is unsecured, using a cell phone or any “personal wireless communications device”, writing, and the aforementioned pets and makeup. The bill also includes a clause mentioning “any other activity, conduct, task, or action that causes a distraction” that broadens the scope of what could be considered distracted driving.

It’s that clause that could lead to issues which could result in allowing a law enforcement officer to pull someone over for virtually any reason due to its subjective nature. For example, consuming food while driving could be construed as being distracted.

To read more, please visit https://www.tampabay.com/transportation/florida-lawmakers-target-no-nos-behind-the-wheel-texting-makeup-petting-your-dog-and-more-20190225/.

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 about Miami civil traffic tickets.

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.

Texting While Driving Bill Receives Major Endorsement

textDrive-1All eyes are once again on texting and driving as the latest Florida bill attempt makes it way through all of the required hurdles. The bill recently received another boost after the Florida Police Chiefs Association gave its endorsement to the bill, which would allow a law enforcement officer to pull a driver if they are caught texting and driving without using a hands-free device.

Dubbed HB 107, texting while driving would be “upgraded” from its current status as a secondary offense to a primary once should a driver attempt to use their cell phone in front of a police officer. In its current form as a secondary offense, an officer may only cite the driver for texting while driving if they are pulled over for another reason such as speeding. Officers have also faced the scenario where a driver will state they were not texting and the officer cannot take their phone to verify whether the driver was telling the truth without a warrant.

Last year, a similar bill made its way through the legislative session, successfully passing the State House. The bill ultimately “died” when the Florida Senate failed to approve it.

To read more about the bill visit https://www.plantcityobserver.com/ban-for-texting-and-driving-on-legislative-floor/.

This update is brought to you by the Miami traffic ticket lawyer team of 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.

 

Are South Florida Drives Getting Better?

drive-2When South Florida drivers are brought up in a conversation or in this case a blog, it’s usually for not so great reasons. Plenty of studies and surveys have been done reinforcing that these drivers are not the most exemplary and yet, new surveys suggest they may be better than most.

According to an online insurance comparison company, Florida is just outside the top ten when it comes to states with the best drivers. Additionally, the Sunshine State managed to come in ninth place for the safest drivers, in a different study by a mobile car repair company. However, this latter study also listed Florida in eighth place in terms of the states with the most congestion in the United States. Furthermore, Florida tied with Delaware when it came to the most aggressive drivers (7thplace).

Going back to the first survey, here’s another shocker: Miami holds the top two spot along with Orlando as one of the 75 safest cities for drivers in 2018. The placement was based on low DUI and speeding statistics.

If those studies sound hard to believe, it’s worth noting that the American Automobile Association states surveys are open to interpretation based on the factors that are being taken into account. Should you wish to read more, please visit https://www.sun-sentinel.com/news/transportation/fl-ne-florida-driver-ratings-20190126-story.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 about Miami civil traffic tickets.

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 May Debut Electronic Licenses

android-1814556_1280If a pair of Florida state representative has their way, Florida may soon be able to proclaim itself one of the first states in the country to debut electronic driver’s licenses. The representatives are hard at work on a bill that would result in the creation of a state database with a driver’s license and insurance information.

Should the bill pass all of its necessary hurdles in the spring, one of its benefits would be allowing drivers to present their mobile phones versus the standard physical license when they are stopped for traffic or when they are going to a polling place to vote. It’s important to reinforce, however, that the driver would be required by law to have their physical license. The proposal would serve as something of backup if, for example, the driver forgot their license at home or it was lost.

The bill is also expected to have language in place that would prevent law enforcement officers from rifling through the phone for any other data besides examining the license. There are concerns that this requirement may be ignored.

To read more, please visit https://www.wesh.com/article/florida-could-enter-era-of-digital-drivers-license/25931116.

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.