Tag Archives: miami expungement attorney

Driving During a Heavy Storm

hazardsMother Nature was in a particularly angry mood this past weekend, unleashing lots of thunder, lightning, and some heavy downpours which resulted in traffic lights not working. As is often the case with thunderstorms, South Florida drivers sometimes forget what they should and not do when lights go out or when it’s raining heavily.

As we’ve mentioned in the past, do not use your hazard lights during heavy rain. It only serves to confuse other drivers and perhaps most importantly, it is illegal. Hazard lights should be used if a vehicle is stopped or disabled on the roadside or if it is part of a funeral procession. Drivers may wish to turn on their low beams during heavy rain instead.

When traffic lights are out and you approach a four-way intersection, they are to be treated as a four-way stop. If you are the first to arrive, you are the first to proceed. However, if you arrive at the light at the same as another vehicle, the driver of the vehicle on the left is expected to yield the right of way to a vehicle on the right.

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.

School Will Soon Be in Session, Watch Your Speed

schoolBusYellowCountless children throughout South Florida will soon be returning for another school year, which means law enforcement officers will be out patrolling the school zones to make sure children and adults remain safe.

Speeding in a school zone is taken seriously, which means there are stiff penalties for drivers caught running afoul of the law. A driver can be fined over $1,000 depending on how fast they are traveling through the school zone and they will have points added to their driving record, including six points plus a potential license suspension if the driver is involved in an accident while speeding through a school zone.

Drivers who believe there may be discrepancies with a speeding citation they have received may wish to consult a traffic ticket attorney who will meticulously examine the citation to determine if penalties can be reduced or if the charges can be dismissed entirely. For example, does the time reflected on the ticket coincide with the hours the posted school zone speed limit was in effect?

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.

Demystifying the New Texting While Driving Law

unnamed (2)By now you’re likely aware that Florida’s texting while driving law is in effect. Although officers are only issuing warnings at this point, it’s a good idea to get into the habit of not using phones during the transitional period. Should you be confused about the law, the following may help clarify some things.

You can talk on the phone while you’re holding it, but this does not apply in a school or construction zone. Beginning in October, drivers won’t be allowed to hold these devices for any reason when traveling through these zones, so it may be wise to get into the habit of using a hands-free solution.

Again, you shouldn’t be texting for any reason while driving but should you decide to do so while stopped at a light, law enforcement cannot give you a warning/ticket if the vehicle is not in motion. However, if your texting is impeding traffic flow, you may be cited.

For drivers that may use their phones as dashcams of sorts, it may be a good idea to have a passenger do the recording for you. Holding the phone while attempting to drive and record is considered a distraction.

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.

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Texting While Driving Law Is Now in Effect

textDrive (2)In case you haven’t heard or read our previous blogs, being caught texting while driving will get you pulled over. The new law marks an upgrade from Florida’s previous stance when it was legally a secondary offense, This meant a driver would’ve had to commit another infraction before they could be cited for using their phone while on the road. As a primary offense, this is no longer the case, which means a driver can be pulled over for texting while driving regardless of whether or not another infraction was committed.

For drivers concerned about how they can use their phones with the new law, is specifically targets texting and typing. This means a driver can still use their phone for GPS purposes, they can still hold the phone up to their ear when talking on the phone and they can also check alerts behind the wheel are still allowed. For those that must send a text for whatever reason, they can legally do so while stopped at a red light. However, the phone must be put away once the light turns green.

Starting in October, Florida is taking things one step further by completely barring the use of a cell phone when driving through a school or construction zone.

For the time being, officers will largely be issuing warnings to drivers that are caught texting while driving, with citations coming in 2020.

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.

School Zone Speeding Has Serious Consequences

schoolBusThe school year may be almost over for South Florida students, but it is still important to be aware of school zones. Being caught speeding in a school can have serious ramifications, including causing injury or death to a child. Hence, the penalties are strict. In fact, depending on how serious the offense is, it is possible for a driver to have their license suspended.

Most school zones in Miami have a speed limit of 15 miles per hour. Going beyond this speed limit during posted hours can result in fines of at least $50 for going about a mile to nine miles over the speed limit. These fines substantially increase the faster a driver goes over the speed limit, as much as $2,000 if a driver is caught going 50 miles over the speed limit.

Besides the fines, speeding in a school zone also carries potential points on a license, something a driver doesn’t want. If you receive a ticket for speeding in a school zone and feel it was wrongfully issued to you, a traffic ticket attorney may be able to help you.

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 Windshield Obstruction May Cost You

trafficLike many states, Florida has laws that are in place but are not as strictly enforced. For example, we’ve mentioned in the past how many drivers are completely unaware that it is illegal to have a license plate frame which covers any portion of the letters, numbers, or registration sticker. Do you know what else is illegal? Any obstruction to your view. Indeed, Florida Statute 316.2004  covers obstructions to a driver’s view or a driving mechanism.

These obstructions can be anything from those various decorations that countless drivers tend to hang from their rearview mirror, window tints, a sticker, debris as a result of the road, and even condensation. Virtually anything that affects visuals can be considered an obstruction. Should a law enforcement officer ever stop you as a result of a visual obstruction, it would be deemed a non-moving violation. While an officer probably isn’t going to stop you for having a pair of dice hanging from your mirror, it is worth keeping in mind that your windshield should always be kept clean.

To read more, please visit https://www.clickorlando.com/news/ask-trooper-steve/what-does-florida-law-say-about-items-obstructing-your-view-while-driving.

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.

Texting While Driving Bill Inches Closer to Becoming Law

textDrive (2)A bill (HB 107) that would allow law enforcement to pull over Florida drivers caught texting while driving has passed another hurdle after successfully making its way through the last committee after receiving the okay from the House State Affairs Committee.

As we’ve mentioned in the past, texting while driving remains a secondary offense in Florida. What this means is a police officer would need to pull over the driver for another reason such as speeding before they could receive a ticket. If HB 107 becomes law, texting while driving would be “upgraded” to a primary offense.

According to the National Highway Traffic Safety Administration, about 3,400+ people lost their lives due to reasons such as distracted driving. One study placed Florida as the second most dangerous state in the country for distracted driving.

Besides making texting while driving a primary offense, HB 107 would also require a law enforcement officer to jot down the driver’s ethnicity and race so as to avoid potential issues of pulling over minorities.

To read more, please visit https://www.claytodayonline.com/stories/florida-house-approves-anti-texting-while-driving-bill,16578.

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 Friendly Reminder on the Use of Flashers

flash

Hurricane season is approaching in less than three months, which means Mother Nature may decide to send more rain our way, making the roads slicker and more dangerous for South Florida drivers. We’ve mentioned in the past but it’s worth reminding drivers regarding the proper use of their vehicle lights when it’s raining.

When it is raining yes, you should definitely have your headlights on so that others can spot your vehicle during a heavy downpour. What you shouldn’t do? Use your hazard lights. You’ve likely seen drivers use their hazard lights on more than one rainy occasion for seemingly no reason at all. It’s worth reminding users that using these hazard lights on already dangerous roads is only making things more confusing and dangerous for fellow drivers. While there may be good intentions behind it, using hazards (or “flashers”) is illegal and may result in a fine.

The flashers are intended to be used if the vehicle is pulled over on the side of the road, if it is disabled, or if it’s in an accident. The only scenario where flashers should be used while a vehicle is in motion is when it is part of a funeral procession.

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.

Is It Okay to Pass a Police Officer?

copsThere are the unwritten rules of the road and then there are the ones that become law. Drivers often tense up when they spot law enforcement nearby. If you’re driving behind one of these vehicles and they happen to be driving really slow, the unofficial rule is to be patient and not pass the vehicle.

Drivers should know that the rule is indeed unofficial. In other words, there is no law stating that it is illegal to pass a police officer. However, if you do decide to pass, it’s also wise to proceed with caution. Most drivers will refrain from passing a law enforcement vehicle as it may result in drawing unwanted attention. Depending on what the driver may or may not be doing, this could put them at greater odds of receiving a traffic ticket.

If you are on the roads and you’re noticing the police officer in front of you is driving slow, try and look for any reasons as to why. The officer may be part of a funeral procession, which has its own set of laws. If the coast seems clear and you’re not doing anything wrong, you can pass the officer without breaking the law, but always use your best judgment and follow the laws of the road if you decide to do so.

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.

FDOT Proposal Seeks to Ease Traffic

tollWould you pay a little extra to avoid traffic slowdowns? Express lanes such as those on I-95 are already intended to ease the flow of traffic, but what the state has in mind is quite different. Double-decker toll lanes are being proposed on the Palmetto Expressway, resulting in an express route between South Dade and State Road 836 with the goal of allowing drivers to pay money to avoid traffic tie-ups.

Similar to I-95, optional toll lanes would be used to fund a project stretching just over five miles set to be built about thirty feet above street level. These elevated lanes would be considered express lanes, providing a connection free of stops between 836 and the Don Shula Expressway to the north and south, respectively.

These proposed double-decker toll lanes are among the several options Florida’s Department of Transportation has been evaluating as a way to widen the Palmetto and create “managed” toll lanes near the current free lanes. Like I-95, prices on the optional toll lanes would fluctuate depending on the level of traffic congestion.

To read more, please visit https://www.miamiherald.com/news/local/community/miami-dade/article227309044.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.