Tag Archives: 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.

 

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.

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.

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.

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.

October Is National Distracted Driving Awareness Month

people-2599458According to the National Highway Transportation Safety Administration, more than 200 people lost their lives in 2018 as a result of distracted driving. October is also National Distracted Driving Awareness Month and AAA is taking advantage of this to reinforce that distracted driving isn’t just talking and texting on your smartphone.

Consider some of the following statistics. A driver’s risk of being involved is increased double if they look away from the road for a mere two seconds. Even more alarmingly, reading an email or text for five seconds is equivalent to driving across an entire football field while wearing a blindfold.

There are a few simple tips suggested by AAA to minimize distractions and be safer on the roads. For starters, prepare your trip before getting on the road. That means setting the GPS destination if necessary, adjusting mirrors, and even firing up whatever playlist or station you want to listen to. Instead of sending or reading texts, consider having a “designated texter” in the car to send those messages for you.

Remember that texting while driving is a primary offense in Florida. Don’t risk your life or put someone else’s life at risk.

To read more, visit https://www.news4jax.com/traffic/2020/10/01/avoiding-distractions-while-driving-can-be-matter-of-life-and-death/.

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 Hefty Costs of a DUI

matthew-t-rader-mHrc8ydLg3c-unsplashAccording to the Center for Disease Control, nearly thirty people lose their lives each day as a result of drunk driving-related car accidents. Per the National Highway Transportation Safety Administration, hundreds of people sustain injuries due to the same reason. If these numbers aren’t alarming, consider that the financial ramifications of a DUI may be as much as $20,000.

Let’s say that the DUI results in an arrest. Besides having to spend a night in jail while the driver gets sober, the cost of bail may be as high as $2,500 depending on the severity of the DUI. On top of that, there is the possibility of having to pay thousands of dollars in fines, the time spent in jail, probation costs, and more.

In certain DUI cases, the court may mandate that a driver install an Ignition Interlock Device in the vehicle. This device requires that the driver breathes into it to determine the Blood Alcohol Content level before the car will even start. Chances are the device will also randomly request that the driver blows into the device as they drive. These devices may require paying an installation fee as well as ongoing fees to maintain it.

Think twice before getting behind the wheel if you’ve had too much to drink. Besides the costs involved, there is no need to risk losing your life or taking someone else’s.

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.

Consider Fighting Your Speeding Ticket Issued by an Aircraft Unit

speedometer-653246_1920Driving around Florida, you’ve likely noticed at some point a sign warning that an aircraft is monitoring speed. You may be under the assumption that the plane is using some kind of modern radar technology to monitor vehicles yet according to a Florida Highway Patrol newsletter, that’s not quite the case. Instead, speed monitoring seems to involve the use of a stopwatch and a grid with existing markings.

An aircraft operator can attest that the stopwatch was started and stopped at a certain time, but how certain the assertion is when it comes to the burden of proof is another matter. How does the potentially accused speeding driver know that the stopwatch performing properly and if it was started and stopped at the precise times indicated by the officer? Just one second can make a monumental difference in a case involving speeding. If an officer is unable to single out particular and dependable facts that back up their assertions, it may severely affect their 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.