Tag Archives: Miami Traffic Attorney

When Is It Illegal to Use a Phone While Driving in Florida?

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Florida’s rules regarding cell phone use while driving are currently more lax than those of several other states. Although texting while driving is illegal in Florida, hands-free cell phone use is generally still permitted. However, if you cause an accident while talking on the phone, you may be held responsible for distracted driving. Furthermore, in the event of an accident, your phone data may be used to determine fault.

While talking on the phone is typically permitted, drivers must be aware of certain limitations. In certain places, talking on the phone is still subject to fines and/or citations. In certain situations where children or workers are likely to be present, drivers are encouraged to use greater caution. Included in this category are school zones, school crossings, and active work zones.

Talking on the phone while driving a car in these zones carries a fine of at least $60, court fees, and three points against the license, which is immediately comparable to a second offense texting violation.

Although Florida’s rules are less strict than those in many other states, using a cell phone while driving can be risky and distracting. Therefore, drivers shouldn’t use cell phones while operating a vehicle.

It’s important to note that as states continue to struggle with regulating cell phone use while driving, there are frequent modifications and updates to relevant laws.

 

If you have a traffic ticket you would like to fight, such as a speeding ticket, contact a Miami traffic attorney. If you have reason to believe you unfairly received a red light ticket, contact a red light camera violation attorney.

How a Miami Traffic Attorney Can Help You Fight a Stop Sign Ticket

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The law stipulates that every car that approaches a stop sign comes to a complete stop. Failure to stop at a stop sign is subject to a fine, which is normally between $70 and $200. Penalties, however, might be significantly increased if additional factors like school and construction zones are present. Additionally, your license will receive points, which will increase the cost of your insurance.

Even though it can be difficult to prove if someone stopped at a stop sign, there are a few possible strategies a Miami traffic attorney could employ to prove your innocence.

Avoiding a Reckless Driver

You might occasionally have to disregard the stop sign in order to avoid a dangerous driver. If this is the case, you may acknowledge that you ran the stop sign but highlight that you did so to avoid danger.

Contest the Situation’s Subjectivity

Although many judges in these situations tend to favor the authorities, you can offer eyewitness testimony or directly argue the point of view if you think you did make the requisite stop. Perhaps the police believed that you rolled through the stop sign when, in fact, you stopped 20 feet away from the line. If you can, make sure to capture the view from both ends.

Claim Error in Fact

You have to have broken the law in order to get a ticket. You may claim that you did not see the stop sign if it was out of your line of sight, covered in vegetation, or something else.

 

If you wish to contest a traffic violation, such as a stop sign ticket, or if you believe you received an unfair red light camera ticket, contact a red light camera violation attorney at Hochman & Goldin, P.A.

New Florida Law Permits Authorities to Fine Drivers for Excessively Loud Music

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As new legislation takes effect, streets all around the state of Florida are expected to become substantially quieter. This is because, effective July 1, drivers who listen to loud music while driving will be subject to get a ticket.

Drivers are now prohibited from turning up their car stereos so loudly that it can be clearly heard from 25 feet or farther. If they do, police may stop their vehicle and cite them for up to $114. The average car is roughly 15 feet long, therefore an officer has the legal right to issue a ticket to the driver in front of them if their music is heard.

A similar legislation was declared unlawful by the Florida Supreme Court in 2012 because it exempts commercial and political vehicles from penalties. There are no exceptions under the new law, although there are stiffer guidelines for driving near homes, churches, schools, and hospitals. The 25-foot guideline does not apply in those circumstances, therefore officers may issue penalties if they feel the music is merely “louder than necessary.”

Car horns and other honking noises, which are regarded as legal warning devices, will be exempt from the new law.

 

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) 515-5247 to speak with a red light camera violation attorney.

Long-Term Consequences of a DUI in Florida

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One of the first questions people ask themselves following a driving while intoxicated (DUI) arrest is how much it will cost them. However, there are a variety of long-term effects of a DUI that go beyond financial worries. These long-term consequences of a DUI include: 

Jail Time

You could spend up to six months in jail, though the majority of first-time offenders do not. For repeat offenders or DUIs that result in harm or death, the potential penalty rises.

Employment

After a DUI, both your current and future employment are at stake. Your employer has the right to fire you after a DUI arrest since Florida is an at-will employment state. Additionally, your chances of finding work in the future will be hampered because the majority of businesses demand that applicants submit to background checks.

Professional Licenses

If you have a DUI conviction, some professional licenses may be revoked or rejected, which will hinder you from working in your preferred field.

Education

Any type of criminal conviction, including a DUI, may cause many institutions to reject applicants.

Housing

Background checks are frequently required of potential tenants by landlords and property management organizations, which could result in your application being rejected.

Child Custody

In conflicts over child custody, a DUI conviction may be used against you.

When looking at the cost of a Florida DUI, these additional consequences should be taken into account as they represent potential losses you stand to suffer.

 

If you have a traffic ticket you would like to fight, such as a speeding ticket, contact a Miami traffic attorney. If you have reason to believe you unfairly received a red light ticket, contact a red light camera violation attorney.

Why Fight Traffic Tickets in Florida?

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Everyone who lives and drives in Florida is bound to receive a Florida traffic ticket at some point in their lives. Because traffic violations happen so frequently and most don’t result in a criminal record, people sometimes forget that paying the ticket isn’t necessarily the best option. A traffic violation can end up costing individuals who pay it a lot more money in the long run than if they had contested it. Here are two reasons why you should consider fighting your next traffic ticket.

Insurance Premium Increase

People tend to forget that each ticket has an associated point value. The more points you receive for a traffic violation on your driving record, the higher your insurance premiums will be. Each ticket will result in 3-6 points being added to your driving record. That implies a single ticket can add up to $300 to your annual premium or 20 percent to your insurance costs. Many individuals ignore that type of money because it is distributed over the course of a year, but it adds up to nearly $1000 over three years and $1,500 over five years.

License Revoked

With enough points, the state of Florida will eventually confiscate your license. 12 points is all it takes to lose your driver’s license. Many individuals have the misconception that getting 12 points on your driver’s license record is difficult. When you consider that numerous tickets can be written in a single stop, it isn’t. Speeding is punishable by four points. Driving over the speed limit while making quick or inappropriate lane changes because you’re late for work might result in an additional 3 points, 4 points for reckless driving. You can easily rack up 11 points in a single stop, and all it takes is a single failure to stop completely at a stop sign within a year to lose your license.

If you have a traffic ticket you would like to fight, such as a speeding ticket, contact a Miami traffic attorney. If you have reason to believe you unfairly received a red light ticket, contact a red light camera violation attorney.

Tips for Driving Safely in the Florida Rain

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Summer has arrived, and while it brings lots of sunshine to the “Sunshine State,” it also carries with it the threat of unexpected violent rainstorms, tropical storms, and hurricanes. Driving in heavy rain or high winds increases the risk of a dangerous situation for you, your family, and other drivers on the road.

Here are five rainy season safety tips to keep you safe:

Slow Down

Speed restrictions are based on ideal driving conditions, and rainy conditions are not ideal. The only way to prevent hydroplaning is to reduce your vehicle’s speed. One of the most hazardous times to drive is just after it begins to rain, because oils on the road create slick conditions. When it is pouring, waiting a few minutes before hurrying to your destination may be the safest course of action.

Increase the Distance Between Cars

You’ll need to allow yourself extra time to brake if you have less traction. You can’t expect to stop in the same amount of space as you would on a dry road if the car in front of you suddenly stops.

Turn Your Headlights On

Other cars will be able to see you better thanks to your headlights. While many cars have daytime running lights, it is critical to switch on your headlights during a rainfall so that your tail lights are also turned on, ensuring that you are visible from all sides. 

Stay Focused on the Road

Many people drive instinctively during their usual commute and may be less aware than they are when driving in strange territory. Severe weather necessitates your complete focus. During storms, it’s critical to keep attentive and focused on the road, with a firm grip on the steering wheel and no distractions such as radios, other passengers, or phone calls.     

Summer rainstorms are nearly unavoidable in Florida, and they can appear out of nowhere. Understanding how to drive in the rain in Florida can save your life or at the very least keep you from getting into a costly accident.

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) 515-5247 to speak with a red light camera violation attorney.

Hochman & Golden Provides Guidance for Toll Violations in Florida

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There are numerous ways for drivers in Miami-Dade, Broward, and Palm Gardens counties to incur traffic citations, fines, and other penalties for Toll-By-Plate Violations. Often drivers inadvertently pass through a SunPass lane without a transponder, are unable to pay cash, unwittingly let the credit card associated with their SunPass account expire, or fail to pay a Toll-By-Plate invoice. Hochman and Goldin, P.A. provides Toll-By-Plate Violations Services, which are in great demand as a result of the widespread installation of systems such as MDX and SunPass that tax vehicles based on required transponders.

The penalties can be costly, with the average toll citation in Miami-Dade County costing $149 on top of the unpaid toll charge. Furthermore, such infractions can be recorded on a driver’s record, particularly if the driver fails to pay a Toll-By-Plate bill. Prior to paying such citations, you should consult with a Miami traffic attorney. An experienced legal team may be able to keep tickets off a driver’s record while also lowering the amount owed.

In addition to toll violations (including MDX, Toll-by-Plate, and SunPass), Hochman & Goldin, P.A. defends clients against speeding tickets, red light camera violations, and other civil traffic fines. Their experienced team of lawyers also help people get their criminal records expunged and sealed, as well as help people with criminal traffic charges.

More questions about traffic violations? Contact Hochman & Goldin, P.A. today.

Florida DUI Checkpoints: What You Should Know

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A sobriety checkpoint, often known as a DUI checkpoint, is an area where law enforcement officials station themselves to inspect drivers for symptoms of alcohol and impairment. It’s critical to understand your rights if you’re stopped at a DUI checkpoint.

When performing these checkpoints, police must follow various rules and regulations. You must stop and pull over if the police have requested it, otherwise you risk being arrested. If you want to avoid being arrested, arguing with a police officer over whether or not they can perform a DUI checkpoint is never a good idea. Drivers can, however, legally avoid stopping at a checkpoint by making a U-turn if they do not infringe any traffic laws in the process.

If you decide not to evade a checkpoint, have a calm and cooperative demeanor. You will be asked to roll down the window by the officer. Drivers must then present identification, such as a driver’s license, vehicle registration or proof of insurance. Once you have identified yourself and presented the proper papers, you are not required to provide any other information.

Avoid giving your consent to a car search. To do so, officers will need your permission, a warrant or probable cause. If they don’t have any of the aforementioned, you have every right to deny their request.

 

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.

Pedestrian Fatalities Rising at an Alarming Rate in Florida

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According to a new report by the Governors Highway Safety Association, pedestrian deaths in the sunshine state have increased significantly over the last three years.

In 2021, 444 people died while walking in Florida, an almost 31% rise over the previous year, according to the data. This is also a greater increase than the national average. From January 1 to June 30, pedestrian fatalities in the United States jumped approximately 17%, from 2,951 in the first six months of 2019 to an estimated 3,441 in the same period last year. This represents a 507-death increase.  Over the last decade, pedestrian deaths have increased 46%, from 4,457 in 2011 to 6,516 in 2020.

For more than a decade, highways that prioritize speed over pedestrian safety have contributed to a rise in pedestrian fatalities. Inadequate pathways and insufficient lighting have also played a role. Additionally, within the time period covered by the report, there were significant behavioral abnormalities at play. An increase in unsafe driving that began when Americans saw wide open highways at the beginning of the pandemic has continued as traffic volume returns to more typical levels. 

The Governors Highway Safety Association is a non-profit organization that represents state safety offices that use federal grant funds to solve highway hazards caused by driver conduct behind the wheel. 

 
If you have a traffic ticket you would like to fight, such as a speeding ticket, contact a Miami traffic attorney. If you have reason to believe you unfairly received a red light ticket, contact a red light camera violation attorney.

Distracted Driving Awareness Month: What You Need to Know

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April is National Distracted Driving Awareness Month, which is an excellent reminder to refocus and accept responsibility for the decisions we make while driving. For a safe journey every time, follow these safety tips:

  • Do you need to send a text message? Pull over to the side of the road and park your car in a secure spot. Sending or reading a text is only safe after that.
  • Assign a “designated texter” to one of your passengers. Allow them to use your phone to answer calls and texts.
  • While driving, do not use any apps, including social media. 
  • Having trouble not texting and driving? Place your phone in the trunk, glove box or back seat of your car until you reach your location.

Our roadways are plagued by a terrible epidemic of distracted driving. In addition to texting while driving, additional harmful behaviors include conversing on the phone or to other passengers in the car, setting your navigation, changing your music, eating food and more. When you’re distracted while driving, you deprive yourself of valuable seconds that may be used to avert a close call or fatal collision.

Throughout April, officers will use local media interviews, school visits and traffic safety presentations to educate the public about the risks of distracted driving. Make a commitment to refrain from texting and other types of distracted driving, and encourage your loved ones to do the same.

 

Visit Hochman & Goldin, P.A. online for additional information about a Miami traffic attorney or red light camera violation attorney.