Category Archives: Miami Traffic Lawyers

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.

 

Miami-Dade Drivers May Need to Pay for Red Light Tickets

alex-king-lbwjS4QdpNU-unsplashAfter a Florida appeals court recently ruled that specific compliance procedures in more than a dozen cities did not violate the requirement that Florida’s traffic laws be uniform, numerous Miami-Dade drivers may find themselves having to pay hefty fines as a result of red-light camera tickets.

A panel of three judges ruled in favor of Aventura and against a driver contesting his ticket, arguing that the hodgepodge of enforcement procedures was not compliant with state law. In 2018, a Miami-Dade County Judge accepted the driver’s claim, a decision that had previously left red-light tickets in a state of legal obscurity and resulted in the appeal process.

With the appeals court ruling, Aventura as well as other cities in Miami-Dade can technically proceed with collecting fines from numerous red-light camera violators in recent years. However, that effort might count on the outcome of a likely appeal that looks like it’s bound for the Florida Supreme Court.

To read more about the recent ruling, please visit the following link: https://www.miamiherald.com/news/local/article243769087.html.

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 305-665-1000 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.

Obtaining a DUI Police Report

dui-40566_1280Should you be charged with a DUI, one of the initial steps to take beyond contacting a DUI lawyer is to request a copy of the police report. This police report could become an invaluable tool in helping you get a better understanding of the alleged charges and it may also prove beneficial in helping your legal representation successfully argue your case in court.

The majority of police reports will include a field sobriety test checklist, a breathalyzer test printout if one is taken, a laboratory report showing the blood or urine test submitted, and a narrative of what the arresting officer observed and what happened. These events will discuss the reasons behind the arrest as well as the driver’s demeanor and how the driver failed one of the impairment tests.

As you read the report, you may disagree with how things are described. While this might seem a cause for concern, getting a copy of the police report is helpful for your case. It will inform you and your lawyer precisely what the officers during the trial. Although you might think the police have a strong case against you, that may not be valid. There may be many reasons why sober people fail their field sobriety tests.

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.

The Future of the Palmetto Express Lanes Is at Stake

miamiHighwaysIf you’ve spent any time driving on the Palmetto Expressway recently, you’ve likely chosen to use or have at least seen the express lanes. Per the Florida Department of Transportation (FDOT), drivers who decide to drive on the new lanes would pay at least fifty cents per segment, which run north and south between West Flagler Street and Northwest 154th Street in addition to I-75 near Northwest 107th Street.

Though the express lanes did not receive unanimous praise when they were announced, Miami-Dade pushed forth with the $250+ million project. Since their official opening, the lanes have generated $2 million in revenue according to the FDOT and have cut down on commute times by nearly half. While the standard Palmetto lanes usually take drivers about seventeen minutes to pass through during peak hours, the express lanes cut that down slightly to about nine minutes.

Despite the revenue and the reduced travel time, the future of the Palmetto express lanes is at stake. A pair of Florida lawmakers have recently introduced a bill that aims to get rid of the express lanes and prevent tolls from being created on the Palmetto. According to the lawmakers, the tolls are resulting in greater congestion for Hialeah residents.

Will the Palmetto express lanes be short-lived? Their fate will be determined during Florida’s 2020 legislative session, which kicked off earlier this week.

To read more, visit https://www.nbcmiami.com/news/local/the-fate-of-the-palmetto-express-lanes-will-be-decided-during-floridas-session/2176850/.

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.

New Year’s Parking in Miami Beach

oceanDr (3)With the New Year’s Eve festivities happening soon, many people may be heading to Miami Beach to welcome the arrival of 2020. However, parking is notoriously difficult in the barrier island. A bit of parking advice may make the process easier to manage without getting too stressed.

When parking in one of the South Beach garages, you should know that all of them allow the option of using one the parking apps to pay, in this case ParkMobile. For those preferring cash, none of them accept bills over $20. They each have a minimum daily rate of $2 and a daily maximum rate of $20. However, the garage on 42nd Street is slightly different in that its maximum daily rate is $8.

If you happen to own an electric vehicle, there are a few charging stations at five public garages in Miami Beach, four of which are in the South Beach area.

In finding a parking spot, you may wish to use the power of an app like Google Maps to help you so that you’re not stressing out and driving around aimlessly trying to hunt for open parking. Google Maps can show you lots that are near attractions.

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’s Aggressive Holiday Drivers

filip-mroz-h8_8UjwLne8-unsplashA certain city in the Sunshine State earned the dubious distinction of having more aggressive than average drivers according to the real-time fuel prices app GasBuddy. However, Miami drivers can rest assured that they did not earn the top spot.

GasBuddy evaluated numerous drives during the holiday week of Thanksgiving starting from November 27 through December 1st. Factors that were recorded as aggressive included accelerating rapidly, braking hard, and speeding. It was Orlando that came in eighth place among the top cities with the most aggressive holiday drivers. Miami also made the list but its placement is all the way down at 26. Orlando also managed fifth place in speeding incidents.

Miami didn’t escape the top ten entirely. The city earned third place when it came to rapid acceleration, with fifteen percent more incidents than average involving rapid acceleration.

With Christmas Day and New Year’s coming up soon, be careful on the Florida roads. To read more, visit https://www.miamiherald.com/news/state/florida/article238270348.html.

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 305-665-1000 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.

Is It Okay for Drivers to Use out of State Disabled Placards?

disabledWith Thanksgiving happening this week, countless families will be reuniting to celebrate. In many cases, families will be driving in from out of town to spend the holiday in Florida with their friends and loved ones. If some of these families from another state happen to be disabled, will an issue arise if they are using an out of state disabled parking placard?

Those concerned about their loved ones running into trouble can rest assured that parents with a disability can use their legally issued disabled placard with little issue in Florida, regardless of what part of the country they may be from.

The only thing that needs to be taken care of is making sure that the placard is being used correctly. In Florida, this means hanging the placard from the rearview mirror when parking in a disabled spot. However, if the placard is one from out of state and it cannot be hanged for whatever reason, it simply needs to be easily visible when the vehicle is parked.

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.

The Return of Red Light Cameras

redLightRed-light cameras have largely been on their way out, but a pair of cities in South Florida are looking to do the opposite. Boynton Beach and Pembroke Pines are aiming to switch their red-light cameras on again, joining other cities like Sunrise and Davie in Broward County and several others in Miami-Dade that still use the cameras. Drivers that are caught running a red light may face a fine of about $158. However, if the fine goes unpaid within sixty days, it will become a traffic ticket, carrying larger fines of $250.

Among the reasoning these cities often use to justify the existence of red light cameras is the concern for public safety. However, a Department of Highway Safety and Motor Vehicles 2016 report revealed that red light intersection accidents increased by 10% compared to the previous year. Nevertheless, pedestrian-involved injuries dropped by nearly 20 percent.

Interestingly, in 2018, Boynton Beach decided to turn off their red-light cameras. With the decision to turn the cameras back on, it will be the only municipality in all of Palm Beach County to have a red light camera program up and running.

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.

New Traffic Patterns on I-95 and I-395

i95If you spent any time driving on I-95 or I-395 this morning, you may have been slightly confused. Starting today, the lanes traveling north and southbound on I-95 that continue eastbound via I-395 have been shifted in a northern direction. Should you drive on these lanes, they will appear to shift to the left.

Drivers needing to get off on Biscayne Boulevard should use Exit 2B if they’re traveling northbound on I-95. On the other hand, drivers heading south on I-95 towards the east on I-395 to get to Biscayne Boulevard will notice a difference. Instead of being on the right, Exit 2A has been moved to the left hand side.

The tweaks to the lanes are part of a much larger, multi-million dollar redesign initiative aimed at alleviating the frequent bottle-necking and traffic congestion issues that these roadways have become notorious for. Hence, if you’ll be traveling on these roads today or this weekend, allow for some extra time while adjusting to the lane changes.

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 305-665-1000 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.

Driving with Medical Marijuana

marijuana-1Do you have a medical marijuana card? Even if you purchase the marijuana from a state-licensed dispensary, you should carry it with you at all times as it may be necessary if you are pulled over by police.

The legalization of hemp in Florida back in July introduced a law enforcement challenge to find out when to apprehend a driver or seize a drug, because hemp smells and appears similar to cannabis, and is smokeable. Officers make use of a field test that can distinguish between marijuana and hemp, but not Palm Beach or Miami-Dade where the substance is confiscated and checked in a licensed laboratory.

Patients with medical marijuana must be able to produce a valid medical marijuana card if they are stopped with a cannabis product in their vehicle. Choosing not to show the card to an officer is a violation of the law— a misdemeanor of the second degree.

For drivers charged with a violation, you should know that if you are able to produce a Florida medical marijuana registry card that was valid when the charge occurred, either before or at the time of court appearance, you can’t be convicted.

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.