Category Archives: Miami traffic ticket lawyer

Texting While Driving Law Sees Possible Enforcement Difficulties

people-2599458_1280Back in 2019, Florida Governor Ron DeSantis signed a law upgrading texting while driving from a secondary into a primary offense, carrying with it a fine of $30 for first-time offenders and incrementally getting larger on subsequent offenses. Before the change, a law enforcement officer had to stop a driver for a different reason before the driver could be charged with texting while driving.

Even with these changes, however, Florida numbers suggest that the law is potentially not being enforced as effectively as possible, an Orlando Sentinel article reports. Florida has also struggled to monitor how many drivers are ticketed around the state – and whether police may be singling out minorities. The rule, according to those in charge of writing tickets, may also have too many ambiguities.

Over 20 of Florida’s nearly 70 sheriff’s offices and at least 56 of the state’s 150+ local police departments are without citations from the state’s texting infringement census, which was released earlier in 2021. The report also featured at least one significant mistake, which was found by a news photographer after the fact and resulted in hundreds of texting tickets being overcounted.

Among Florida’s most populous counties, Broward County did not send any statistics to the Florida Department of Highway Safety and Motor Vehicles until an inquiry regarding whether they were absent was submitted. Under 20 drivers were ticketed for texting in Broward County, which has a population of close to 2 million inhabitants.

Authorities throughout Florida gave more citations for violations of the carpool lane or failure to use turn signals in a typical year. According to the most recent data available, impaired driving, which involves tweeting, resulted in over 55,000 accidents and almost 300 deaths in Florida in 2019.

With an estimated 2 million vehicles in Miami-Dade County, police issued almost 300 texting tickets, or around six each week. Deputies in Palm Beach County issued 38 citations.

Any questions about a citation, please contact our Miami traffic ticket lawyer firm.

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 Bills Seek Cameras for School Zones

road-192747_1920Earlier this month, South Florida lawmakers sought to gather more aid in backing House and Senate proposals (HB 357 and SB 1474). These bills are aimed at permitting local governments to implement traffic cameras in school zones.

The bills would penalize drivers that are snapped driving more than ten miles per hour over the school zone speed limit. Violators will be fined $132 by the House bill, with around half of the money designated for Florida’s general revenue fund. The city government will collect the brunt of the remaining money, with lesser percentages being given to the Florida Department of Law Enforcement, the school system, and some children’s hospitals.

If cars are photographed speeding into school zones, they will get traffic tickets, and the money received will be distributed in the same manner as the House bill.

While the bills may seem like a good cause, they aren’t being embraced without a bit of concern. Automated compliance, according to some civil rights organizations, may not be the best approach. Lawsuits against them are still pending in the courts. Red light, as well as speed cameras, are prohibited in ten different states. The use of these instruments is not addressed in any manner by Florida statute.

The aim is to protect children, not to give tickets or raise fines. Before any violations are given, counties and cities with these protection programs must notify their residents about the cameras and give alerts. Florida has long allowed cameras to catch pictures of drivers speeding through red lights, and politicians have evaluated repealing the law.

Should you have any questions about a citation, as your Miami traffic ticket lawyer we’re here to help you fight your ticket. Contact us today to discuss your case or if you need the services of a Miami expungement attorney.

Drivers With Expired Licenses May Have to Retest

elliot-kwan-KV57YBuoIe0-unsplash(1)Do you have an expired Florida driver’s license? Some recent changes in Florida law mean you’ll likely face a few additional hurdles when it comes to renewal. On February 1, Florida implemented a new law requiring drivers that have had their license expired for an extended period to retake a vision test and also complete the written portion of the driving exam before they will be allowed to renew.

A few examples of scenarios where retesting may be required include:

  • Drivers who have passed the awareness examination in Class E (the standard license type) but have yet to apply for issuance within one year of the exam date.
  • Drivers that have been demoted from a driver’s license to an ID card and the driver’s license expired for one or two years.
  • Drivers who have not applied during the one-year overdue renewal cycle to upgrade their driver’s license.

To prevent retest requirements, drivers should consider renewing early. The official Florida Driver’s Handbook can be downloaded by applicants who wish to prepare for the test.

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.

 

Slow Left Lane Drivers May Increase Road Rage

highway-3392100_1920Driving behind a car that is moving slower than the rest of the flow of traffic is a practically surefire way to increase the odds of road rage among South Florida drivers. When they’re forced to quickly hit the brakes when they are driving in the left lane, drivers can become highly enraged when a car’s speed is unusually slow. This car frequently drives below the speed limit, and even though the driver behind them gently shines their lights to request that they move, they may neglect to change lanes despite the left lane being solely for passing.

Florida Statute 316.081 specifies that slower cars must yield to others who travel quicker, but some drivers either refuse to do so or do not know about it. About 40,000 citations were released between 2014 and 2019 due to drivers failing to heed this law, according to the Florida Highway Patrol.

Can permanent road signs saying something along the lines of “slower traffic keeps right” help alert drivers of what they should be doing? You may have noticed something similar posted on the various electronic road signs found throughout Florida, but these messages only stick around temporarily.

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.

Impaired Driver Service Makes Its South Florida Debut

pexels-energepiccom-288476An impaired driver safety service is debuting in Boca Raton after launching over a decade ago in Atlanta. Dubbed SafeRide America, the idea behind the service is simple. During the weekends, a driver will arrive and drive the impaired individual as well as their vehicle home, ensuring that both driver and vehicle arrive safely.

SafeRide America’s introduction to South Florida came about after its founder’s father lost his life due to a drunk driver who was involved in a head-on collision. The driver had a blood-alcohol content level three times the legal limit and was driving on the wrong side of the road.

The cost of SafeRide America is only $2 a minute and there are no waiting fees or surcharges involved. It’s a small price to pay that makes the roads safer for everyone, especially in South Florida which is already known for its dangerous roadways.

Although SafeRide America is limited to Boca Raton, the service has plans to expand to several different cities in Florida by March.

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.

Make a Decision Regarding Your Traffic Ticket

road-car-driving-bike-asphalt-vehicle-284927-pxhere.comLet’s say that you ended up receiving a traffic ticket. You now have a thirty-day grace period of sorts to determine how you wish to address the ticket. You may decide to pay the fine and have points added to your license, you could attend traffic school and have the points removed, or you may decide to contest the ticket.

We encourage you to seek the assistance of a traffic ticket attorney to help fight the ticket but for purposes of this blog, let’s say that you did not make a decision within those thirty days. Should this happen, you may find yourself facing severe consequences. For example, you could have your license suspended, preventing you from legally operating a vehicle.

If you’re outside of the thirty-day grace period by a day or two, contact the clerk of court as soon as you can. You may be able to explain the situation and avoid license suspension as well as any extra fines that may be tacked on.

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.

How Do Careless and Reckless Driving Differ?

smartphone-hand-person-girl-woman-car-976805-pxhere.comCareless driving and reckless driving may sound similar, but they do have some considerable differences that are worth knowing about. For example, should a driver receive a careless driving violation, it will more than likely result in a basic traffic ticket. The term “careless driving” may also serve as an umbrella term for non-life-threatening traffic collisions for which a driver would receive a careless driving citation.

As implied by the name, reckless carries deeper ramifications. For starters, a reckless driving charge will likely result in a court summons, and depending on the severity of the cause, a driver may also be placed under arrest. Reckless driving means that the driver showed an intentional disregard for other drivers’ safety while on the road and there may also be more than one violation involved.

Should you have any questions about reckless or careless driving or if you’ve received a traffic ticket citation, the team of Hochman & Goldin has helped numerous clients and is ready to assist you with your case.

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 Representative Wants Drivers to Go Fully Hands-Free

steering-wheel-801994_1920Texting while driving is now a primary offense but if a Florida representative has her way, motorists may eventually be required to go entirely hands-free while on the road. She recently introduced a bill expected to be evaluated during the 2021 legislative season that would make operating a vehicle while “manually holding” or touch wireless devices illegal.

The representative, whose sibling lost her life in a car accident, believes texting while driving was only “a start” and more needs to be done to ensure safer roadways while limiting distracted driving.

With texting while driving now being a primary offense, police have the authority to pull motorists over if caught. It was historically deemed a “secondary” offense, which meant that motorists could only be charged for texting while driving if they were pulled over for a different reason.

In designated school intersections, school zones and work zones, the statute also forbids motorists from making use of handheld devices. At the 2020 legislative session, the aforementioned representative introduced a bill for an entirely “hands-free” approach, but the measure did not clear all of the necessary hurdles.

Should the hands-free bill pass, Florida would become the 26th state to ban drivers from using handheld mobile phones while driving.

To read more, please visit https://www.orlandoweekly.com/Blogs/archives/2020/12/19/new-bill-would-require-florida-drivers-to-go-fully-hands-free-when-using-mobile-phones.

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 Prepares to Debut Electronic Licenses

electronics-1851218_1920Applications for Florida electronic driver’s licenses rollout in 2021 will soon be accepted. The state will have the distinction of being the first in the country to have electronic driver’s licenses that are strictly compliant with rigorous national and international requirements and have state-of-the-art security frameworks.

Several devices, including smartphones and tablets, can conveniently access the Florida electronic driver’s licenses. These mobile driver’s licenses conform with the American Association of Motor Vehicle Administrators and the International Organization for Standardization’s national and international regulations, ensuring they can be used in the U.S. as well as globally.

These new mobile driver’s licenses, with proof of age and driving rights, will be as valid as standard driver’s licenses for identity verification. As a powerful authentication mechanism, it also serves an additional function, allowing Floridians to safely prove who they are online for a range of services.

Residents of Florida will be able to merely activate their application for mobile identification, choose the type of verification required, and hold their mobile device to present it. The mobile device remains in the user’s hands at all times, making it a safe and contact-free way to display identity.

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 Future of Red Light Cameras Is Again at Stake

kristaps-solims-W_ecxRPgIaE-unsplashA major point of ongoing contention and debate has been the use of red-light cameras in Florida. Back in 2018, just over sixty cities in the state were operating more than 600 red light cameras according to the Florida Department of Highway Safety and Motor Vehicles.

Last month, the Florida Supreme Court chose not to hear a case involving the challenging of Aventura’s red-light camera program, which, essentially, may be construed as a ruling that cameras are constitutional do not run afoul of Florida traffic laws.

With legislative efforts to ban the implementation of red light cameras by cities and other agencies unsuccessful, Florida legislators will again examine legislation to constitutionally make them a thing of the past. A state representative who has filed legislation to ban red-light cameras for the past two years has again introduced a proposal that would prevent them from being installed by city municipalities.

The representative’s House Bill 6009 will prohibit “traffic infraction detectors” by revoking 2010’s Senate Bill 294 that established the Mark Wandall Traffic Safety Initiative, which permitted red-light camera use in Florida. The act was named after a man who lost his life after a vehicle he was in was struck by another motorist who ran a red light.

To read more, visit https://www.mdjonline.com/neighbor_newspapers/extra/news/florida-lawmakers-to-again-ponder-pulling-the-plug-on-red-light-cameras/article_b794cb12-4d4b-57f8-a525-6f325eee5464.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.