Category Archives: Miami traffic ticket lawyer

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.

Watch Out for Holiday Season Road Rage

crazy-3607408_1920We caution people against drunk driving particularly at this time of year as more drivers are on the road to see families, attend holiday parties, or go holiday shopping. The holidays are when road rage cases tend to escalate. This is often why drivers need to brace themselves for slower flowing traffic.

But during this time of year, there’s another danger to motorists, one that most South Florida already deal with daily: road rage. Road rage may intensify and become expensive quickly: stealing your independence and causing your insurance rates to skyrocket. Even more serious, it could lead to the loss of life, whether yours or that of someone else.

During the holidays, law enforcement expects road rage as there are more persons on the road who are all struggling to make it from one point or another while dealing with more congestion. What is more, the pandemic is causing more people to choose vehicular travel versus using air travel. This means that when you do hit the road, you may wish to do so with the expectation that it may take a little longer to get where you’re going, especially if you’re heading to a place like a mall.

A citation for road rage may cause the insurance premiums to spike higher than if you were found driving drunk. Worse, your insurance providers may decide to cancel your policy and drop you altogether.

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.

Did you Receive a License Plate in the Mail?

license-plates-3614254_1920This year has been wild and full of ups and downs. As scams become more sophisticated, it’s worth being extra careful if something seems awry. For example, it may seem as if you randomly received a new license plate this year for no reason. You don’t recall making such a request, which may make you curious whether it’s legit.

You can rest assured that yes, the “random” license plate is indeed legit and is not a scam. You may not know this, but once you’ve been issued a license plate in your name, that plate will be replaced within ten years automatically. This replacement is not optional, it is not necessary to request it, nor does it come with extra fees attached. This may explain why its arrival in the mail may have appeared to be a random occurrence.

If you do have concerns about the license plate, or if you are certain it’s been fewer than ten years since you’ve had the plate, do not hesitate to contact a local tax collector to address any concerns.

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.

You May Be Driving Next to an Uninsured Motorist

juan-pablo-mascanfroni-m3xmctn1q-c-unsplashWhen driving on the Florid roads, you should always be aware of your surroundings, avoid distracted driving, and practice the utmost safety to reduce your odds of being involved in an accident. If the costs of damages, injuries, and potential loss of life aren’t scary enough, here’s another reason: the driver of the vehicle may be uninsured or may not even have a valid license.

According to the Insurance Research Council, about one in four Florida motorists are driving around without insurance. In fact, Florida has the dubious honor of having the highest percentage of uninsured motorists at nearly thirty percent. What’s worse, well over a million of them are also driving with suspended licenses. In most cases, an auto insurer will likely cancel or opt not to renew a policy when a policyholder has their license suspended. The Florida Department of Highway Safety and Motor Vehicles is immediately made aware when these policies are canceled or are not renewed.

To read more, please visit https://www.forbes.com/advisor/car-insurance/florida-suspended-licenses/.

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.

DUI Scenarios Involving BAC Below the Legal Limit

matthew-t-rader-mHrc8ydLg3c-unsplash(1)It’s generally believed that when a person gets a DUI charge, they were caught with at least 0.08 percent or more of blood alcohol (BAC). However, if the driver is under the legal BAC cap, is it still likely they will be arrested? Let’s dig into this issue a little further.

The short answer is yes, even though they are blowing below the legal limit, an impaired driver can still receive a DUI arrest. The affirmation focuses on Florida law which states that in some situations, DUIs are more than just the Florida legal limit of 0.08 percent BAC.

An individual may be guilty of a DUI, according to Florida law, if they are under the influence of alcoholic drinks and they are impaired enough that their normal abilities are diminished. This then has less to do with the BAC of a driver and much to do with the capacity of the driver to handle a vehicle in a safe manner. Accordingly, a potential DUI arrest may occur if someone is drunk to the degree that they have trouble driving a motor vehicle.

Unfortunately, this makes DUI crimes highly subjective, since the law enforcement officer who pulls the driver over is the one who decides whether a DUI is committed by the driver or not. This may suggest that police are able to apprehend persons subjectively whether they think that they are drunk to the point of being a threat to themselves or others.

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.

DUI Checkpoints 101

drinking-3740477_1920It’s worth learning what you should do if you’ve never encountered a DUI checkpoint. You’re legally obliged to stop if asked. A police officer may request your license or they may require you to take a sobriety test if they believe you are under the influence.

DUI checkpoints, including the location and the date the checkpoint will occur, must be revealed to the public. To access this information, there are different applications or websites you can use. At the checkpoint, if the officer demands it because they suspect you might be drunk, you have the choice of refusing to perform the field examination. This test requires the usual standing, turning and walking, standing on a single leg, and the horizontal gaze test. However, if you reject this test, the rejection can be found suspect. An officer can then ask for a breathalyzer that holds immediate consequences if refused.

Should you have any DUI-related questions or if you wish to fight your traffic ticket, please contact us.

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 Sets Its Sights on Digital Driver Licenses

alexandre-boucher-BNrlDv8w07Y-unsplashIn today’s age, most paper documents have gone digital, including proof of car insurance. One thing that has remained a physical requirement in Florida, however, is the driver’s license. This may change next year thanks to a pilot program spearheaded by the Department of Highway Safety and Motor Vehicles. Florida may become the first state to boast a digital driver’s license.

Should the pilot program go as planned, drivers would have the option of applying for their physical license as well as a digital copy they can access via their smartphone or tablet. The program has already received thumbs up from the American Association of Motor Vehicle Administrators which oversees motor vehicle departments through the United States as well as the International Organization for Standardization. This means motorists would be able to use their digital license to identify them domestically or internationally.

The digital license would include the same information found on the physical copy including driving restrictions. However, users would have the flexibility to reveal only certain personal information. Since the phone wouldn’t leave the person’s hands, they could, for example, only reveal their birthdate to confirm they are legally an adult or can legally drink.

The pilot program kicks off in December. To read more, visit https://www.tampabay.com/news/transportation/2020/10/18/florida-hopes-to-offer-smartphone-based-drivers-license-by-2021/.

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.