Tag Archives: miami expungement attorney

DUI Scenarios Involving BAC Below the Legal Limit

November 5, 2020Blog, Lifestyle / News, Miami Ticket Law Firm, Miami traffic ticket lawyermiami expungement attorney, Miami Traffic Ticket Lawyeradmin

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

October 27, 2020Blog, Lifestyle / News, Miami Expungement Attorney, Miami traffic ticket lawyermiami expungement attorney, Miami Traffic Ticket Lawyeradmin

drinking-3740477_1920 It’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.

October Is National Distracted Driving Awareness Month

October 8, 2020Blog, Miami Expungement Attorney, Miami traffic ticket lawyermiami expungement attorney, Miami Traffic Ticket Lawyeradmin

people-2599458 According 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.

The Hefty Costs of a DUI

September 29, 2020Blog, Lifestyle / News, Miami Expungement Attorney, Miami traffic ticket lawyermiami expungement attorney, Miami Traffic Ticket Lawyeradmin

matthew-t-rader-mHrc8ydLg3c-unsplash According 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.

Consider Fighting Your Speeding Ticket Issued by an Aircraft Unit

September 9, 2020Blog, Lifestyle / News, Miami Expungement Attorney, Miami traffic ticket lawyermiami expungement attorney, Miami Traffic Ticket Lawyeradmin

speedometer-653246_1920 Driving 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.

Are Electronic Licenses Valid?

September 1, 2020Blog, Lifestyle / News, Miami criminal traffic lawyers, Miami Expungement Attorneymiami expungement attorney, Miami Traffic Ticket Lawyeradmin

id-4157974_1920 At one point in time, drivers that were pulled over were required to present a physical copy of their proof of insurance to a law enforcement officer. Nowadays, it is acceptable to simply pull it up on your smartphone and present an electronic version. Does the same apply for a driver’s license? The simple answer is no.

Indeed, drivers are still legally required to present their license in physical form, unlike their insurance. It’s likely to remain that way for the foreseeable future. Attempting to drive with an electronic image of your license may be equivalent to if you were driving without one at all. This is unlawful and may result in a citation. However, do keep in mind that it is also unlawful to drive with a license that isn’t valid, even if a physical one is presented. This is considered a misdemeanor and it can carry hefty fines and potentially jail time.

There are exemptions that you may wish to look into or ask a traffic ticket lawyer about. For example, military personnel and non-residents may be exempt.

Be Wary of Truck Blind Spots

August 25, 2020Blog, Miami Expungement Attorney, Miami Ticket Law Firm, Miami traffic ticket lawyermiami expungement attorney, Miami Traffic Ticket Lawyeradmin

matthew-t-rader-1shWwOrkxEM-unsplash

Just about every vehicle has a blind spot, including newer vehicles with technology built in designed to make it easier to detect vehicles that may be lurking in the blind spot. For trucks, however, this technology may not be quite as effective.

Truck blind spots are much more common as compared to the typical passenger car. In most trucks, standard safety devices cannot be used to improve driver vision in blind spots. These blind spots are substantial, due to the considerable size of commercial vehicles. Sometimes there are accidents caused by poor visibility in the blind spots of a vehicle.

Drivers may be under the false assumption that because of their height, truck drivers have a better view of the road. Although they do have improved visibility in terms of what’s in front of them, that’s not the case for the side or the back. Hence, truck blind spots are larger and more dangerous. Often these spots with limited visibility include the following:

The region right in front of the truck reaching as far as 20 feet.
The areas directly along the truck’s edge.
The truck’s right side is especially risky because most truck drivers expect drivers to turn lanes to the left.
The region immediately behind the vehicle, reaching as far as 30 feet.

Always be cautious around trucks and heed those warning stickers often found in the back stating that if you can’t see the truck mirrors, the truck driver can’t see you.

Florida Makes the List of Worst Drivers

June 30, 2020Blog, Miami Expungement Attorney, Miami traffic ticket lawyermiami expungement attorney, Miami Traffic Ticket Lawyeradmin

logan-driskell-Jay_nrtCjYI-unsplash The 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.

A DUI Charge May Not Involve Alcohol

June 10, 2020Blog, Lifestyle / News, Miami Expungement Attorney, Miami traffic ticket lawyermiami expungement attorney, Miami Traffic Ticket Lawyeradmin

james-yarema-5tyMgag0wRo-unsplash Typically, 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.

Brickell Avenue Bridge Construction Work Continues

June 3, 2020Blog, Miami Expungement Attorney, Miami traffic ticket lawyermiami expungement attorney, Miami Traffic Ticket Lawyeradmin

felipe-simo-HaOKtA3olN0-unsplash If 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.