Tag Archives: Miami Speeding Ticket Lawyer

What Happens When BAC Is Below the Legal Limit?

buzzedWhen a person receives a DUI charge, most people think it means the individual was blowing a blood alcohol content (BAC) of at least 0.08% or more. However, is it still possible to be arrested if the driver blows under the legal BAC limit? Let’s delve a little deeper into this question.

The simple answer is yes, even if they blow below the legal limit, a driver can be arrested for a DUI. That assertion is focused on the Florida law that says DUIs comprise more than just a 0.08 percent BAC in some cases.

According to Florida law, a person is guilty of a DUI if they are under the influence of alcoholic beverages and they are affected to the degree that the usual abilities of the person are impaired. Hence, this has little to do with a driver’s BAC and more to do with the driver’s ability to safely operate a vehicle. Consequently, if someone is intoxicated to the extent that they have trouble controlling a motor vehicle, there is the possibility of a DUI arrest.

It makes DUI offenses extremely subjective, regrettably, as the cop who pulls the driver over is the one who determines whether or not the driver is committing a DUI. This means officers are entitled to subjectively arrest people if they believe they are intoxicated to the point of being a danger to themselves or others.

This update is brought to you by the Miami traffic attorney 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 red light camera violation attorney 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.

Miami Has Some of the Country’s Best Drivers

miami-1238397_1280-1Miami isn’t known for its great drivers yet if a recent study is to be believed, “The Magic City” is in the top ten of the best driving cities in the United States. The study gathered data from numerous insurance quotes. Each city was then broken down by how its amount of accidents, the number of speeding tickets, as well as citations, and DUIs. Miami earned high marks for its DUI rates and good scores, coming in just below cities like Louisville, Chicago, and Detroit.

Miami was one of four cities in Florida that managed to make the list of best drivers. Coming in ninth, 23rd, and 35th place were Fort Myers, Orlando, and Jacksonville, respectively. For those curious about which cities in the country fared worse, Portland, Oregon, and Boise, Idaho were among the list.

You may be curious as to Miami managed to now have some of the best drivers in the country. One reason may be the significant drop in tickets being written. Back in 2017, the number of issued tickets decreased by more than twenty percent due to issues with ticketing book scarcity and electronic ticketing.

To read more, visit https://www.miamiherald.com/news/local/community/miami-dade/article236208048.html.

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’s Cell Phone Law Will Soon Go into Effect

mobile-616012_1280Do you tend to grab your phone while driving? If so, you may want to get into the habit of not touching it unless necessary. Beginning Tuesday, October 1, Florida law enforcement officers will have the authority to pull over drivers caught using their cell phone while driving in or through a designated school crossing, school zone, or a construction/work zone.

With the new law, drivers are not allowed to even hold their phone while traveling through these zones. Instead, they must rely on using a hands-free solution should they wish to talk to on the phone while they are in these zones. Drivers that are caught will receive a warning until January 1, 2020, which is when law enforcement officers will begin charging drivers with a moving violation. This violation may include a $60 fine and other fees plus three points on the license.

While hands-free technology is a bit safer than either texting or holding the phone to your ear, it also has its risks. According to research from AAA, drivers encounter may become mentally distracted while using voice technology to send a text message, play a song, or dial a phone number. This distraction can stick around for nearly thirty seconds.

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 Law Enforcement Chooses Warnings

teen-girl-texting-while-driving-pvHow are things going with Florida’s texting while driving law which went into effect back in July? Just over 500 drivers have received a traffic ticket after being caught texting while driving, according to the Miami Herald. Those numbers mean about seven tickets per day are being written.

If the numbers seem unusually low, it’s likely on purpose. Law enforcement officers including Florida Highway Patrol are choosing to give drivers warnings instead of tickets so they can be aware of the new law. More than 400 warnings have been given between July and September but things will be changing once the “grace period” ends in January and police forgo warnings and begin issuing tickets. Additionally, another part of the law will go into effect starting next month. Drivers can be pulled over if they are caught using their phones in a work or school zone.

The texting while driving law isn’t entirely new. It’s been around and has remained illegal well before July but it wasn’t considered a primary offense at the time. This meant police officers would need to pull a driver over for another reason such as speeding before they could write a ticket for texting while driving.

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.

Say Hello to the Palmetto Express Lanes

miamiHighwaysThose of you that take the southbound Palmetto Expressway (also known as State Road 826) frequently may have noticed a major change. After extensive work, the express lanes are officially open. Stretching for thirteen miles from West Flagler Street to just north of Northwest 154th Street, and at I-75 to Northwest 170th Street, these express lanes are intended to ease traffic for drivers willing to pay a premium by allowing them to move quickly through the highway away from the free lanes which move slower.

Similar to their I-95 siblings (which locals refer to as the “Lexus Lanes”), the Palmetto express lanes will charge tolls based on the flow of traffic, which is paid for using SunPass. Drivers that frequently travel the I-95 express lanes know that the tolls can cost over $10 during the rush hour period. It’s also worth noting that these express lanes end at certain points which means drivers should be aware of where they are going so as not to become one of those drivers that illegally plow through the barriers and become a safety risk after realizing they are going to miss their exit.

What are your thoughts on the Palmetto express lanes? Do you think they will help with easing congestion?

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.

Driving Through Construction Zones

under-928246_1280The state of Florida does not look kindly on drivers that do not practice safety when they are traveling through a work zone. Back in 2016, the Florida Department of Transportation reported one of the highest construction zone fatality rates in the United States.

Due to the costs both monetary and bodily in construction zone crashes, there are typically double fines imposed when drivers are caught violating construction zones, particularly if workers are present. These violations may be caused due to unsafe practices commonly seen in construction zones, which include disobeying the speed limits, merging at the very last minute when a lane is about to end, driving distracted, and not slowing down when there is an emergency vehicle on the roadside.

Work zone speeding fines can be as much as $500 and it may also result in receiving driving record points. Should you receive a citation for a construction zone violation, an experienced traffic ticket lawyer may be able to assist with reducing the charges or potentially getting your case entirely dismissed.

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 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.

Would You Like to Send Other Drivers a Message?

jam-4167288_1280Navigation apps like the popular Waze allow drivers to communicate with fellow drivers, warning them if there happens to be a hazard on the road or if a vehicle is stopped on the shoulder. While the warnings are useful, would South Florida drivers benefit from being able to send others full-fledged messages while they’re on the road?

One company thinks so.

A company calling itself RoadWayve is currently running a Kickstarter campaign to promote its electronic signs which would indeed allow drivers to message fellow drivers while on the road. Using a sign that attaches to the rear windshield of the vehicle, messages can be relayed to the device using Bluetooth technology which will then show up on the LED screen.

While the device intentions may be good and could be used as a way for a driver to thank another if, for example, they allow them to pass, the sign may also lead to problems. South Florida is notorious for its impatient and aggressive drivers, and road rage is unfortunately common. A sign that can convey a not so pleasant message if someone gets cut off may only exacerbate an already tense situation.

To read more, please visit https://www.clickorlando.com/tech/road-to-ruin-car-sign-lets-you-message-other-drivers.

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.

April Is Distracted Driving Awareness Month

 

Driving

The Florida Highway Patrol is joining forces with others including the Florida Department of Transportation to promote Distracted Driving Awareness Month during the month of April.

Last year, well over 50,000 crashes in Florida were due to distracted driving, which means there were about 1,000 crashes each week involving distracted drivers. In fact, April had the dubious honor of having the second largest number of fatalities that were caused by distracted drivers.

Research has shown that driving distracted reduces reaction times, placing the driver, passengers, as well as fellow drivers on the road at greater risk. To avoid a crash, a driver must have sufficient time to perceive the imminent hazard, react, and also allow the vehicle sufficient time to hit the brakes.

All of this can happen in milliseconds. Drives below the age of thirty comprised about thirty percent of all fatalities resulting from distracted driving. It is important for parents to sit down and talk with their children about how imperative it is to practice responsible driving.

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.

Proposed Bill Targets Drivers Illegally Passing Buses

schoolBus (2)As Florida seeks to crack down on distracted driving by proposing tougher bills, another unrelated bill was filed last month in the Florida House. House Bill 849 would give school districts permission to outfit school buses with cameras able to record the license plates of drivers that pass the bus when students are boarding or getting off of the bus.

Despite the flashing lights and the visible stop sign that emerges, there are drivers that will ignore the signs and illegally pass the bus. Should the bill manage to make it through all of the hurdles and become law (expected to go into effect in October), law enforcement agencies would also have the authority to examine the camera footage, use it as evidence, and send tickets to the drivers that committed the offense.

To read more about the proposed bill, please visit https://www.wtxl.com/news/new-florida-bill-targets-drivers-who-illegally-pass-school-buses/article_09a41df0-33e4-11e9-862c-5fe370485c34.html. Have you ever seen a driver illegally passing a school bus? If so, how do you feel about the potential new bill?

This update is brought to you by the Miami traffic ticket lawyer team of teamof 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 Ramifications of Reckless Driving

No driver wants to have a DUI on their record, and the case is the same for anyone who is charged with reckless driving. Considering it’s among the worst offenses a driver can commit, it’s important to know what it’s all about in the event a driver is indeed charged with reckless driving.

As opposed to improper or careless driving where it’s assumed a driver was not aware of the dangers of what they were doing, reckless driving means that not only did the driver know what they were doing, they were also showing disregard for following traffic laws and ensuring the safety of others. Here in Florida, reckless driving means the driver showed “wanton disregard” for property or the lives of other pedestrians and drivers.

There are severe penalties associated with reckless driving. The first time a driver commits an offense, he or she will face up to ninety days in jail as well as fines of up to $1,000. Future offenses can result in as much as six months of jail time and up to $5,000 in fines. Furthermore, if the driver damaged property the charge can become a misdemeanor or even a felony if a person was injured. Drivers can also expect their insurance rates to increase significantly.

This update is brought to you by the Miami traffic ticket lawyer team of 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.