Tag Archives: Miami ticket law firm

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.

Don’t Hold Your Phone in the School Pick-Up Line

jumpingBy now you’re probably aware of the new law that went into effect on Tuesday making it illegal to use your phone while driving through a construction, work, or school zone. The law extends Florida’s texting while driving ban, making it illegal to even hold the phone while you’re in or driving through these zones.

The new laws may require some acclimating to avoid running afoul of the law. For example, if you have school-age children, you may be accustomed to using your phone while waiting in the pick-up line for your child. You may be using your phone to communicate with them or someone else as you wait but unless you’re using a hands-free solution, holding your phone while in the pick-up line is illegal.

For the time being, police officers are giving drivers warnings instead of tickets to raise awareness of the new law and so drivers have time to adjust. However, this will be changing once January 1, 2020, comes around which is when officers will begin writing tickets. These citations will start at $60 for anyone who commits a first time offense and it will also add three points to a driver’s license.

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.

Heads Up, Fort Lauderdale Bridge is Closed

fort-lauderdale-4032105_1280Will you be doing any traveling near the Andrew Avenue Drawbridge in Fort Lauderdale’s downtown area? In case you haven’t already noticed, the bridge is closed to all vehicular and pedestrian traffic and will remain so for about a month to undergo renovation. This renovation is an $8+ million rehabilitation project intended to make the bridge more resistant to storms as well as more reliable and quieter. The bridge was built back in the early 1980s and spans the New River between South Fifth Street and popular Las Olas Boulevard.

The Andrew Avenue Drawbridge is tentatively scheduled to reopen on the 8th of October. If you’ve traveled through the bridge recently, you may have noticed that one southbound and northbound lane on the bridge has been closed since May. These two lanes are expected to reopen in March of next year, which is when the renovation project is expected to be complete.

For those that depend on the bridge as part of their commute, you can use the Southeast Third Avenue Drawbridge as an alternative for the time being. The closure isn’t expected to affect boaters.

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 we are ready to answer your questions. Please call 305-665-1000 to speak with someone at the Miami ticket law firm 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.

How Long Should You Wait at a Stop Sign?

unnamed (16)When you’re at a stop sign, have you ever stopped and wondered how long you should remain there before moving forward? We all know that it’s important to obey a stop sign and come to a complete stop whenever you see one, but how much time should go by before proceeding?

There isn’t a specific time you need to wait at a stop sign, but it is important that you do come to a full stop. This means the vehicle has come to a resting point, the tires are not in motion, and the vehicle is not moving forward. You’ll know the vehicle is fully stopped when you feel that last “rocking” where the vehicle seems to slightly move back. Anything else is what’s considered a “rolling stop” and it may result in receiving a ticket due to failing to come to a complete stop if a law enforcement officer happens to notice.

Once you’ve come to a complete stop, always make sure that you yield the right of way to any traffic in which you are required to stop. Should you have any questions about what steps you are legally required to take at a stop or yield intersection, check out Florida Statute 316.123 at the following link: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.123.html.

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 we are ready to answer your questions. Please call 305-665-1000 to speak with someone at the Miami ticket law firm 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.

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.

The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice. The best way to keep your JS files tidy is using the free online JavaScript formatter program.

Law Enforcement Is Warning Ridesharing Drivers About Where They Stop

uberTraffic in Miami is already among the worst in the nation, but are ridesharing drivers making it worse? It’s not uncommon to notice an Uber or Lyft driver stop in the middle of the road to allow passengers to board or exit the vehicle, creating traffic backups and potentially spurring road rage. According to a WSVN article, the Wynwood area is particularly bad, with traffic backing up for more than a block if a driver were to stop on Second Avenue.

Besides causing clogs in traffic, there is also the issue of safety. If a passenger chooses to get out of the vehicle on the opposite side, there is always the risk of oncoming traffic, which could result in the passenger possibly getting hit. How can the issue be solved?

An idea that’s being entertained is having designated locations where drivers can drop off and pick someone up. This means ridesharing drivers would only be permitted to stop in certain locations. However, in order to do that, street parking would need to be cleared.

Have you dealt with Uber and Lyft drivers stopping in front of 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.

Florida Licenses Receive Upgraded Security

Hochman 2Did you renew your Florida driver’s license recently or will you be doing so in the near future? You may have noticed some tweaks to the design. The Florida Department of Highway Safety and Motor Vehicles recently announced some revamped features aimed at improving the security of driver’s licenses, which already underwent significant security changes when they were redesigned back in 2017.

Some of the new security changes Florida motorists can expect to see include a tactile security feature found on the front of the license. Additionally, the common magnetic strip located on the back of the card has been removed.

For those wondering about the security tweaks to the licenses, the changes do not necessarily mean that you have to go out and have your license replaced as soon as possible. The older cards will simply be phased out and drivers will receive one of the enhanced security licenses when it is time to have it renewed or replaced due to reasons such as a looming expiration date.

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 Launches Its Click It or Ticket Campaign

seatbeltIf you don’t regularly wear your seat belt when you’re out and about on the Florida roadways, watch out! Last week, several police departments across the state launched their “Click It or Ticket” seat belt campaign. During this time, law enforcement officers will be increasing their patrol until June 2nd as a greater number of drivers are expected to be out on the roads due to the upcoming Memorial Day weekend.

Per the National Highway Traffic Safety Administration, there were over 10,000 unbuckled passenger vehicle occupants that lost their lives in a crash in the United States back in 2017. During this same year, over fifty percent of occupants that died during the evening hours were not wearing seatbelts. With that in mind, one of the primary goals of the Click It or Ticket campaign is to enforce wearing seat belts at night. Officers are employing a zero-tolerance approach when it comes to enforcing wearing seat belts, regardless of the time of day.

Driving without a seat belt on is considered a primary offense in the state of Florida, which means an officer has the authority to pull a driver over if they are caught not wearing one. All passengers are required by law to wear a seat belt.

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 we are ready to answer your questions. Please call 305-665-1000 to speak with someone at the Miami ticket law firm today.

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.

Florida Law Enforcement Cracks Down on School Zone Speeding

hochmannFor those that like to speed, be careful. Law enforcement officials across the state of Florida are taking extra measures to patrol and crack down on drivers putting the pedal to the metal in school zones. This crackdown as the school year reaches its final weeks.

In the city of Boynton Beach alone, officers wrote more than fifteen tickets near a pair of elementary schools on a single weekday. One of those tickets included a $400+ fine for a driver who was going 25 miles above the speed limit.

Always remember to reduce your speed when you see the flashing school zone lights. Drivers should also remember to watch out and obey crossing guards as well as keep an eye out for children that may be arriving or leaving school on their bicycle as they may be unpredictable. Also, all drivers traveling opposite directions are legally required to stop for school buses that have their flashing, red lights on and the stop sign extended. The exception to this is if there is a barrier or physical median between lanes in two directions.

To read more, please visit http://www.wflx.com/2019/04/23/law-enforcement-across-florida-cracking-down-speeders-school-zones/.

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