Tag Archives: Miami Traffic Attorney

Animal Collisions are on the Rise in Florida

Hochman BlogAccording to a recent report by State Farm, collisions with animals have gone up nearly 30% (July 2020 to June 2021), amounting to a total of 50,800 claims, where last year’s number sat just below 39,000. While much of Florida is urbanized, much of it still remains rural, giving way for more opportunities for collisions. Most animal collisions occur between the months of October and December and typically involve deer, dogs, cars, farm animals, and certain rodents.

Since these accidents are quite common, especially at night, here are a few tips to follow to avoid needing a Miami traffic attorney.

  • Make sure your speed is low enough that you could stop at a moment’s notice should an animal hop into the road. This is a particularly important safety measure when driving on long stretches of road at night in desolate areas.
  • Use high beams at dusk and dawn.
  • Wear your seatbelt – it could save your life!
  • Avoid swerving if you do see an animal as serious crashes often result when drivers swerve to avoid hitting the animal – crashes with other vehicles or losing control of the vehicle can occur.

Exercise caution in areas where animal populations are high. However, you should always be alert and aware when driving.

This update is brought to you by Hochman & Goldin, P.A.,  red light camera violation attorney in Miami. For more rules of the road and driving tips, please visit us online.

Is it Legal to Record Police?

Hochman BlogWith many reports showing that interactions with police can go awry, you may be considering whether or not it is legal to record police should you have your own run-in with them. Staying calm in any scenario is important to reduce the chances of an unnecessary escalation, but filming may provide some with comfort in having a solid piece of evidence should they need it.

 

Florida Statute 934.03 prohibits the international interception of any electronic communication, whether via wire or orally. Violations can result in a third-degree felony. However, there is an exception to this rule – if all parties to the communication give their consent. If verbal communication is protected under this statute, the individual speaking must have reasonable expectations of privacy. Society must also see that expectation as reasonable given the circumstances.

 

This statue can get confusing, but most people may consider it if they feel a routine traffic stop occurs. Taking photos of an accident or where you stopped at a stoplight or stop sign does not fall into this category if it does not involve anyone else. With simple traffic violations, a Miami traffic attorney may be able to help.

 

To put it simply, if you are in a public place where others can see what is occurring, and you are legally allowed to be in that place, you may record if it does not interfere with police activity. If you are on private property, you must ask permission first.

 

Even if you have the legal right to record, proceed carefully. Before recording, say so.

 

Like those that would need a red light camera violation attorney, most traffic offenses will not need police recording to support claims. Always proceed with caution when filming police and speak with your lawyer further about your legal rights.

Are Red Light Camera Tickets Enforceable?

Hochman BlogMany times, the reason people run lights is not purely out of a lack of care for one’s safety or the safety of others, sometimes, it happens due to a quick decision to protect the safety of the driver or others. Many drivers approach intersections and must decide if it is safer to pump the brakes or continue through a light – significantly if they quickly change from green to yellow. Sometimes drivers are taken by surprise by how fast the intersection light turns yellow.

 

In any case, some may wonder if these tickets are enforceable. Many drivers are faced with red light camera tickets that may need a red light camera violation attorney to dispute.

 

Red light camera tickets are enforceable in Florida. You will be required to pay the fine or contest the ticket within the 60-day time frame upon receiving your ticket. However, unlike other traffic citations that may need a Miami traffic attorney, red light camera tickets do not also give points to a driver’s license. If you want to contest your ticket, it is likely that you will either be going not guilty or will receive an “adjudication withheld” requiring you to pay less than the total amount of the original fine/ticket. In some cases, you may be required to attend driving school.

 

This information is provided for educational or informational purposes only and should not be construed as legal advice. The information is not provided during an attorney-client relationship and is not intended to substitute for legal advice.

Vehicle Standards on Florida Roads

Hochman BlogA few boxes need to be checked on your vehicle’s maintenance list before you can safely drive on Florida roads. This involves brake lights, horns, windows, signals, and other equipment and ensuring they are in proper working condition. Otherwise, law enforcement has grounds to pull you over and issue a ticket.

 

However, if you believe you unfairly received a traffic ticket, contact a Miami traffic attorney for assistance.

 

Cars are required to have two braking systems, and each must be able to stop the vehicle on their own. The parking and emergency brakes need to be strong enough to hold cars on hills and allow for stops within the appropriate amount of distance. If brake issues were not a factor in an accidental red light, but you still received a ticker, a red light camera violation attorney may be able to help.

 

All vehicles are required to have the following lights:

 

  • Bright (high-beam) headlights

  • Dimmed (low-beam) headlights

  • Two red taillights mounted to the rear

  • One white light that allows for license visibility

  • Two red spotlights that are visible in the daylight and turn on when the foot brake is pressed

 

Other necessary components of proper vehicle operating parts include working horns, windshield wipers, safe windshields (not treated with any material, must not be covered, and must be free of stickers not required by law), blinkers must be in operation, and your car must have one rearview mirror.

 

Keeping your car in top working condition will help prevent you from maintenance and safety issues, as well as traffic tickets.

Driving Curfews in Florida

Hochman BlogWhile those 16 and older can drive alone once they have a driver’s license, Florida law has curfews in place for young drivers. These laws are supposed to reduce the risk of accidents while driving and promote safety among teen drivers. Curfew laws apply to teens ages 15 (learner’s license) to 17 years of age.

 

Those with a learner’s license are only permitted to drive during daylight hours for the first three months following the issuance of a learner’s license. After the first three-month period, drivers with a learner’s license may drive until ten at night. Drivers with a learner’s license must have a licensed driver who is 21 years of age or older with them at all times.

 

16-year-olds with a valid driver’s license are not permitted to drive between 11 pm and 6 am. Exceptions to this law are if the driver is returning from or driving to work or if there is a licensed driver aged 21 years or older present.

 

Drivers with a valid driver’s license at 17 years old are not permitted to drive between 1 am and 5 am. Exceptions to this rule remain the same as 16-year-old privileges – unless accompanied by a driver aged 21 years or older or is driving to and from work.

 

This information is provided for educational or informational purposes only and should not be construed as legal advice. A Miami traffic attorney may be able to assist you with criminal traffic violations, and our team is ready to answer your questions. Please call 305-515-5284 to speak with a red light camera violation attorney today.

 

How Can I Get My License Back After a DUI?

Hochman BlogDrinking and driving is a serious matter in Florida. In most instances of DUI charges, you will be responsible for paying fines and may have your vehicle impounded, and in some cases, jail time. What happens as a result of your DUI depends on the situation (such as blood alcohol content, or BAC, at the time, refusing to take a breath test, or having a minor in the vehicle). Another common consequence of a DUI in Florida is license suspension.

 

Many cases of DUIs will need an attorney. A Miami traffic attorney may be able to help.

 

In each case of a DUI, even when a license is suspended, the outcome, as to when you may be able to have your license back, differs based upon factors such as prior convictions. Florida law states that a first conviction lasts anywhere from 180 days to one year, while second convictions can run five years. If you have a third conviction, then you are facing ten years of suspension.

 

However, once your suspension has reached the end of its time, it is important to follow these steps to get your license back at the DMV.

 

  • There will be reinstatement and administrative fees. Make sure you pay for these on time.

  • You will be required to provide proof of completion of a substance abuse treatment program or DUI school if ordered by a judge.

  • Provide proof of insurance.

  • Attend all court days and carefully follow instructions or mandates from the court, such as community service hours. If you have not completed what was appointed by a judge in court, you will not be able to get your license back.

 

License suspension can be a hassle, but it is important to remember to follow ordinances given by a judge. If you have questions regarding other license suspension or other traffic violations, contact a red light camera violation attorney at Hochman & Goldin, P.A.

 

Ways to Fight a Stop Sign Ticket

Hochman Blog

Any vehicle that comes to a stop sign is required by law to come to a complete stop. There are minor penalties for failure to stop at a stop sign, typically resulting in a fine between 70 and 200 dollars. However, if there are added variables to the scenario, like school and construction zones, penalties can be much higher. You will also have points added to your license, causing insurance rates to rise.

 

Sometimes it is difficult to prove whether you stopped at the stop sign, but what if you know you are innocent? Here are some possible ways a Miami traffic attorney can help you prove your innocence.

 

  1. Prove it was justified: sometimes, you may need to forgo the stop sign to stay clear of a dangerous vehicle. If this is the case, you can admit to running the stop sign but emphasize that it was done to keep out of harm’s way.

  2. Challenge the subjectivity of the situation: Though many judges tend to side with officers in these cases, if you believe you did make the required stop, you can provide eyewitness testimony, or challenge the point of view, literally. Maybe what the officer saw from their perspective was that you roll through the stop sign, but in reality, you stopped 20 feet from the line. Be sure to take pictures of the perspective on both ends if possible.

  3. Mistake of fact: to receive a ticket, you must have broken the law. If the stop sign was not in plain sight, hidden by foliage or something else, you could argue that you did not see it.

 

If you wish to contest your ticket, contact a red light camera violation attorney at Hochman & Goldin P.A. before pursuing a case.

 

This information is provided for educational or informational purposes only and should not be construed as legal advice. The information is not provided during an attorney-client relationship and is not intended to substitute for legal advice.

Yielding Right-of-Way in Florida

Hochman BlogThe law in Florida states that there is no one automatic situation in which a person may have the right of way. Instead, Florida law only states those who must yield (in other words, give up) the right of way to another. Each driver, motorcyclist, moped driver, cyclist, and pedestrian must pay attention and yield the right of way to avoid a crash in every situation.

At stop signs, the right of way is yielded to other traffic and pedestrians, and drivers should only proceed forward if the road is clear. Four-way stops indicate that the first vehicle to stop is the one that will move forward first. If there happen to be two cars at one intersection at a time, the driver on the left should yield right of way to the one on the right.

At open intersections (ones without traffic control signals), everyone must yield right of way for vehicles already in the intersection, or when you enter a state highway from a secondary road, entering a paved road from an unpaved one, or if drivers make left turns while vehicles are oncoming from the other direction.

If you are at a roundabout, you may not be required to stop since these spaces are designed to have vehicles move continuously through the intersections. Vehicles that approach the roundabout must yield right of way to circulating traffic.

This update is brought to you by Hochman & Goldin, P.A. A Miami traffic attorney can assist you with criminal traffic violations, and our team is ready to answer your questions. Please call 305-515-5284 to speak with a red light camera violation attorney today.

Failure to Yield Law in Miami, FL

Hochman Goldin BlogAs defined by Florida law, failure to yield is when a driver fails to lower speed or come to a full stop for another vehicle or a pedestrian when it was needed. Everyone operating a vehicle must know local, state, and federal driving laws, and that includes the right information to know when yielding is needed. Drivers who fail to yield may receive a citation.

Tickets for failing to yield that is wrongly given out can be fought by a Miami traffic attorney.

Penalties for failing to yield will likely end up in a fine of up to $500 as long as no one was injured. However, if an accident did occur, the fine will be significantly more, and drivers may face reckless driving charges in addition to a failure to yield citation. If bad enough, this can cause drivers to have their licenses suspended, ultimately adding four points to their license and higher insurance rates.

You may still be able to defend your ticket with a red light camera violation attorney. As this can be a bit more of a grey area, there are some statutes that can cause multiple defenses for failing to yield and will vary per case. These would include poor visibility of lines and signs, if another driver broke the law or reckless driving from another driver, avoiding potential harm to the driver, other vehicles, and pedestrians.

 

There must be proof that a driver failed to yield to another vehicle or pedestrian. Many cases are based on the subjectivity of the police officer who handed out the ticket and can be fought in court if needed due to the subjective nature.

Florida DUI Laws

Hochman BlogFlorida law mandates that no person should drive under the influence of alcoholic beverages, chemical substances, or controlled substances. If such a case occurs, it will be considered a Driving Under the Influence (DUI) charge. Proven impairment and unlawful blood alcohol levels (0.08 or above) can result in many high-stakes convictions.

A fine costing anywhere from $500 to $1,000 will be given under typical circumstances for the first conviction. If the blood alcohol level was higher than 0.15, or if a minor was in the vehicle, a fine of $1,000 to $2,000 will be issued. For the second conviction, a fine of $1,000 to $2,000 will be given out, and if the blood alcohol level was above 0.15, then fines are doubled, resulting in a charge from $2,000 to $4,000.

After a second offense, the charges and convictions increase exponentially. Fines increase to $5,000 but can be higher as that is only the allotted minimum when it is the fourth conviction. At the discretion of the court, sentences can result in imprisonment and/or abuse treatment programs that may be used toward the detention term. You may also have your vehicle impounded or immobilized.

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.

Hochman & Goldin, P.A., Miami traffic attorney, and red light camera violation attorney provides assistance with criminal traffic violations. To learn more, please visit us online.