Category Archives: Miami traffic ticket lawyer

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.

 

Common Issues with Breathalyzers

test-337369_1920Here’s a fact many Florida drivers may not be familiar with: upon receiving the driver’s license, you are agreeing to submit to a breathalyzer test should a law enforcement officer request one.

Should you be arrested in the state of Florida for a DUI, a police officer should have read you the implied consent warning reinforcing that your driver’s license may be suspended for an initial refusal or eighteen months in the event of a second refusal.

This step of the DUI process may seem intimidating and choose to undergo a breath test. Should the test deliver results showing that BAC was above the legal limit, they may be admissible in trial, making the prosecution lawyer’s task far harder. When all functions well with the breathalyzer then it can be a reasonably reliable calculation, which is why it is admissible in a court of law, but there are ways a DUI defense lawyer may also target the results.

Beyond the calibration, a law enforcement officer should observe you for 20 minutes prior to blowing into the breathalyzer. That may help or hinder your results, based on the length of time since your last drink. When the observation period is not reported, the findings may be dismissed; when they skip the observation period or cut it short, the findings may be distorted.

To read more, visit https://southfloridareporter.com/3-common-problems-with-florida-breathalyzers/.

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.

Florida Gas Prices Have Significantly Plunged

fuel-1596622_1920If it seems like there hasn’t been a lot of positive news lately, South Florida drivers may be pleased to hear the following: gas prices across Florida are at their lowest in sixteen years. Pump prices have dropped now that there are fewer drivers on the roads.

According to AAA, Florida motorists are paying about $2.10 a gallon for regular unleaded gas. That number is in stark contrast to the past when, during July 2008, the same regular unleaded gas was averaging a whopping $4.11 per gallon. Last year, the numbers hovered around $2.77. Per AAA, the average price for a gallon of regular unleaded gas in what it deems the Miami metro area is around $2.09, while the metro area of Broward and Fort Lauderdale metro is currently about $2.12.

One of the least expensive places to get gas in Florida is in Orlando, where a gallon is currently hovering around $2.07. As for the highest, that distinction goes to the West Palm Beach and Boca Raton metro area where prices for regular unleaded gas are $2.20 per gallon.

To read more, visit https://www.local10.com/news/local/2020/07/13/cheap-gas-continues-as-florida-drivers-pay-lowest-prices-at-pump-in-16-years/.

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.

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.

 

Florida Makes the List of Worst Drivers

logan-driskell-Jay_nrtCjYI-unsplashThe website SmartAsset recently released its 2020 report naming the states with the worst drivers. While Florida didn’t earn the top spot, it still managed to earn the dubious honor of being named among the top ten, coming in at a fourth place. The top three spots were taken by Mississippi, Nevada, and Tennessee, respectively.

Among the study, Florida had the lowest rate of drivers cruising the roads with insurance at just over seventy percent. Interestingly, the state also came in tenth highest in Google searches related to tickets.

Several distinct metrics were used to determine the list of states with the worst drivers. Among the items taken into consideration were the percentage of insured drivers, how many driving under the influence (DUI) arrests there were for every 1,000 drivers, the amount of fatal accidents per 100 million miles that were driven, and how often locals were using Google to search for terms like “speeding ticket” or “traffic ticket”.

The full SmartAsset report including the rankings for all fifty states can be viewed at the following link: https://finance.yahoo.com/news/states-worst-drivers-2020-edition-110036757.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.

A DUI Charge May Not Involve Alcohol

james-yarema-5tyMgag0wRo-unsplashTypically, being charged with driving under the influence (DUI) means you were caught with alcohol in your system. However, it may surprise you to learn that a DUI arrest does not necessarily involve the consumption of alcohol.

The keywords to keep in mind here are “under the influence”. Hence, this may also include something being under the influence of medication. Think of common drugs prescribed for common health issues like high blood pressure, heart conditions, or depression. These drugs typically have warnings regarding their side effects like nausea, blurred vision, or drowsiness.

You may be charged with a DUI if you experienced tiredness as a result of your medication and decided it was wise to pull up to a parking lot or the side of the road to sleep the effects off. In this situation, the “actual physical control” may factor in, because even if your car is not running, the vehicle keys are on or near your person, thus making you in “actual physical control” of the vehicle.

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.

Brickell Avenue Bridge Construction Work Continues

felipe-simo-HaOKtA3olN0-unsplashIf you’ve done any traveling through Brickell Avenue this year, you may have become aware of the construction being done on the Brickell Avenue Bridge, which began back in February. The much-traveled bridge that serves as a connection between the Brickell area Miami’s downtown is being repaired and gates are being added to stop pedestrians, cutting down on the time required by the bridge to stay open so ships and boats can make it through.

The work on the Brickell Avenue Bridge includes the installation of pedestrian gates, the rehabilitation of mechanical and electrical bridge elements, giving the bridge a fresh paint job, and the restoration of lighting.

For those that frequently travel the bridge, it is prone to lane closures depending on the time of day. For example, southbound lanes may be shut down from 10 pm to 5:30 am while a single northbound lane may be closed from 7 pm to 5:30 am.

In regards to traffic, it was proposed back in 2016 that pedestrians may be a contributing factor to the gridlock caused during the raising of the bridge. When the bridge alarm goes off, pedestrians should stop and wait until the bridge is lowered again. However, many pedestrians choose to proceed anyway, which can contribute as much as ten additional minutes to the gridlock.

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.

Changes in Store for Florida Driving Tests

elliot-kwan-KV57YBuoIe0-unsplashWith the closures of businesses due to COVID-19, some essential services may have also been closed. It’s only during the past week or so where re-openings have begun. For new drivers looking to receive their license, this raises some questions on how to proceed.

The Florida Department of Highway Safety and Motor Vehicles recently released a memo detailing the process for driving tests. Drivers are still required to get behind the wheel but examiners will remain outside of the vehicle, unlike in the past. To communicate with the driver, the examiner can use a walkie-talkie or mobile phone to communicate the necessary instructions to the driver. Interestingly, drivers must be accompanied by a licensed individual who is at least 21 years of age. However, these “co-pilots” cannot be driving school instructors and they are strictly prohibited from assisting the driver during the test.

The department has made it clear the changes are intended to reduce the spread of COVID-19. Because of the pandemic, state and local offices across Florida have been closed since March, leaving numerous prospective drivers and teenagers waiting to obtain a driver’s licenses.

To read more, visit https://www.miamiherald.com/news/local/community/miami-dade/article243050746.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.

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.