Category Archives: Miami traffic ticket lawyer

Learn More About the Move Over Law

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At its simplest, the “Move Over” law requires drivers that are approaching stationary emergency vehicles to either move over a lane or slow down. Each state has some variation on the law, and we’ll be focusing on Florida.

Also known as Florida Statute 316.126, the Sunshine State’s Move Over Law was enacted in 2002 and obligates drivers to obey emergency vehicles that send audible or visible signs both on the way to emergencies and when stationary as they deal with emergencies along the roadside.

If an emergency vehicle that is en route to an accident approaches or is being approached, drivers are required to vacate the intersection, proceed to the nearest edge of the highway, and wait until the vehicle has passed. A driver must slow down speeds to under twenty miles below the posted speed limit when they need to pass a stationary emergency vehicle on a single-lane route or if they cannot change lanes while on a two-lane roadway.

Pedestrians must also understand the Move Over Law by yielding to emergency vehicles until the vehicles have passed and otherwise sticking to the right of way. This only changes if a law enforcement officer has instructed the pedestrian to do otherwise.

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.

A Basic Introduction to Driving Record Points

stop-sign-1174658_1280 (1)Florida uses a points system to track the violations a driver may have committed. Should a driver receive too many of them, there is the possibility the driver may have their license suspended.

One thing to know about points is that they are not added to the driving record until the driver pays the ticket, which is otherwise an official admission that the driver was indeed guilty of the violation. Should a driver choose to fight the traffic ticket successfully, then no points will be added to the driving record and the ticket received will result in dismissal. However, if the dispute fails, a driver can likely expect to receive points following the completion of any sanctions.

The severity of a traffic violation is not universal when it comes to being added to a driving record. The point values of traffic tickets may vary from three to six points depending on how severe the offense was. Some minor infringements will only add three points, while more serious violations like those that cause injury to others may result in six points added to the license.

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.

A DUI May Significantly Affect Professional Licenses

stethoscope-1584223_1920A Florida DUI is a misdemeanor of the first degree, which has many severe repercussions. The first or second DUI a person is charged with is a misdemeanor; however, a third or any additional DUI or a DUI that results in injury or death to someone else is deemed a felony. A DUI conviction could result in up to one year’s imprisonment and, based on the conditions, a probation term of 12 months, a license suspension, a fine, community service hours, compulsory DUI school and possibly having a mandatory breathalyzer installed in the vehicle.

Along with the aforementioned penalties, the individual charged with the offenses may also have their professional license terminated and their career significantly affected. These people may include teachers, healthcare professionals, and more.

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.

The Importance of Sealing and Expunging Your Record

criminalRecordWhen an employer is debating between two equally skilled people for a position, the decision to choose one over the other may come down to factors such as criminal history. With so many people currently out of work and seeking new opportunities, there may be greater competition which reinforces the importance of sealing or expunging your record.

Let’s use a hypothetical scenario. A law firm is seeking someone to work as a paralegal. The firm receives a pair of applications, both from distinct candidates and both of them with sterling work experience and skills. One of the applicants was arrested for speeding or driving with a controlled substance. While the firm may be able to overlook this arrest, another employer may find a drug charge too risky.

The last you want is for your past to rear its head and derail your efforts at obtaining employment. Contact us today if you wish to learn more about your having your record potentially sealed and/or expunged.

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.

Aggressive Driving Has Ramped Up

speedometer-653256_1920Driving should be kept to a minimum while quarantining and social distancing to protect against coronavirus. If you do go out, you’ve likely noticed that the roads have significantly less traffic than normal. The emptier roads mean that drivers have become more aggressive on the Florida roads.

According to a Click Orlando article, the Florida Highway Patrol (FHP) dealt with more than six crashes within a 24-hour period that resulted in a fatality. Furthermore, the article also talks about officers noticing drivers driving well beyond the speed limit. Drivers may be under the false assumption that because of quarantining and the various shutdowns, the laws are not being enforced as usual. This is clearly false.

Reckless drivers should be aware that FHP and local law enforcement agencies are still patrolling the roads and keeping an eye out for aggressive driving. Remember to limit your outings only to essentials such as going shopping for groceries or commuting to and from your job.

To read more, visit https://www.clickorlando.com/traffic/2020/04/13/as-aggressive-driving-sees-uptick-during-covid-19-pandemic-officials-will-crack-down/.

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.

Don’t Believe the Myths Surrounding Speeding Tickets

ticketTrafficWhile you’re remaining indoors, now is a good time to educate yourself and learn something new. Once it’s safe to be on the roads, having more knowledge of what is and isn’t true when it comes to speeding tickets, for example, can help with knowing what your rights are.

If you do receive a speeding ticket, you may be encouraged to fight it and for good reason. Contrary to what you may think, it is possible to fight a ticket and win. Preparation is necessary if you intend on battling a speeding ticket in court. You should prepare the moment a law enforcement officer has you pull over. Make a note of the system used to clock your speed, the comfort of the officer using the device, and the reliability of the device. These are possible grounds for ticket dismissal.

When a ticket is received, it is not necessary to pay it immediately. You do, however, need to make it clear that you intend to fight the ticket. This is one of many areas where a traffic ticket lawyer can help tremendously.

Should the officer that wrote the ticket not show up, it does not always mean an automatic dismissal. Even if the officer is absent, the hearing may, for example, decide to schedule it for another day. Don’t automatically assume that if the officer fails to show up, you’re in the clear.

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.

Good News for Florida Drivers With Soon-to-Expire Licenses

i95Previously we told you how the Florida Department of Transportation (FDOT) has decided to suspend the acceptance of cash at the various tolls plazas found throughout the Florida Turnpike in response to the coronavirus. Recently, Governor Ron DeSantis and the FDOT director announced some news that may come as some relief to drivers with a soon-to-expire license.

A 30-day extension past their initial expiry date will be given to all Florida driver licenses, commercial driver’s licenses, and identification cards due to expire in the next 30 days. During the extension period, delinquent renewal fees will be waived.

Furthermore, Florida Highway Safety and Motor Vehicles is encouraging Floridians who can complete their electronic driver license or motor vehicle transactions online to do so, rather than in person at a driver’s license bureau. Floridians may use GoRenew.com to register a motor vehicle, renew their license, change their address, and much more.

Under normal circumstances, driving with an expired license in the state of Florida during the grace period may result in a $30 fine.

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.

Are Drivers Required to Maintain a Minimum Speed?

speedingOn the Florida roadways, drivers that are moving slowly are expected to remain in the right lane to ensure better traffic flow. Realistically speaking, most drivers don’t follow this rule. So, what happens if a driver is moving well below the posted speed limit? Are they required to maintain a minimum speed?

The minimum speed limit is 50 mph while traveling in a posted 70 mph zone. On that note, a 65 mph zone would require doing a minimum speed of 40 mph. For drivers that decide not to travel the posted speed limit and prefer to drive at a slower pace, they should refrain from driving in the left lane so that faster drivers can move or pass easily.

It is against the law to impede traffic flow and it is possible to receive a traffic ticket for doing so. The minimum speed limits exist as a way to keep traffic flowing smoothly. A driver doing 70 who suddenly comes upon one that is doing 30 can result in a potentially fatal car crash.

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.

Passing a School Bus May Soon Result in Greater Penalties

schoolBusThe next time a driver passes a school bus with its stop sign displayed, they may be in for a pricier surprise. The Florida Senate was unanimous in its approval of a bill that would up the penalties for first-time offenders. Should the driver commit the offense again within a five year period, they would face another fine and may also have their license suspended for at least a year or as much as a year.

When a school bus has its stop sign displayed, drivers traveling in both directions are required to stop and wait as children exit the bus. Drivers must continue waiting until the school bus has completely retracted the stop sign.

Last year, the Department of Education evaluated school bus drivers regarding the illegal passing of their buses. The survey of more than 10,000 drivers found that in just one day, there were over 12,700 illegal passes.

Now that the school bus bill has passed the Florida Senate, it will be evaluated by Governor Ron DeSantis.

To read more, visit https://www.abcactionnews.com/news/state/florida-bill-would-double-penalties-for-drivers-not-stopping-for-school-buses.

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 Texting Laws and Fines

adult-blur-bokeh-car-230557Law enforcement officers have been cracking down on drivers that are failing to heed the state’s upgraded texting while driving laws that are now a primary offense. In school and work zones, the law is strictly enforced, meaning drivers may not be able to use their wireless communication device in a handheld manner. Hence, simply holding the phone to the ear may land a driver in trouble if they are caught.

It’s also worth noting that when it comes to fines in Miami-Dade County, for example, there is more to them than meets the eye. While a $30 fine may not seem like much, drivers may not realize that once the extra costs are added in, the seemingly inexpensive fine can ultimately end up costing about $129. On that note, a fine of $60 is more along the lines of $179. The final costs result in a much larger hit to the wallet.

Always remember to put the phone down and focus on the road, especially in a region like South Florida.

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.