Tag Archives: Miami Traffic Attorney

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.

FDOT is Urging Drivers to Pay Attention

Hochman BlogThe Florida Department of Transportation (FDOT) is pleading with drivers to pay more attention to the road this summer. Last year, there were over 48,500 reported crashes caused by distracted driving in Florida. To combat this issue, FDOT will provide opportunities for drivers to educate themselves on distracted driving prevention when traffic is heavier with summer travel.

Director of FDOT, Terry L. Rhodes, says of distracted driving in Florida, “As you drive this summer, respect your safety, respect the safety of your passengers, and respect the safety of other road users by eliminating all distractions and focusing on driving.”

Anyone can be involved in a distracted driving case where you need a Miami traffic attorney, but drivers ages 16 to 24 years old are at the highest risk of distracted driving crashes. Texting while driving is the most common cause of distracted driving and potentially the most dangerous as it impairs visual, cognitive, and manual focus.

FDOT recommends the following to help prevent dangerous situations as a result of distracted driving:

  • Pull over to a safe location and park your car if you must send or receive a text message.

  • If you are riding with other passengers, designate a texter to send and read text messages for you.

  • If you have trouble restraining from looking at your phone while driving, put it in the trunk.

This update is brought to you by Hochman & Goldin, P.A., red light camera violation attorney in Miami. To find out how we can help you fight traffic tickets, visit us online.

Will Florida No-Fault Repeal Benefit Drivers?

Hochman BlogSince 1970, Florida has been under no-fault insurance law, which requires drivers to have personal injury protection coverage as a separate part of their auto insurance, a coverage that pays the insured party’s bills, no matter who was at fault (up to the plan’s coverage limit). The law was initially passed to reduced civil cases following accidents due to negligence – but it is not liability insurance.

In 2021, Florida lawmakers have been looking to repeal the law (Senate Bill 54) in favor of mandatory bodily injury coverage (MBI). Currently, the bill is awaiting Governor Ron DeSantis’s signature, and if he does not take action, the bill will become a new law effective January 1, 2022.

Florida is only one of the two states that do not require MBI coverage, and while coverage laws have not been updated since 1979, roughly 60% of drivers in Florida already have MBI coverage. The exchange from PIP to MBI issuance will mean that the new law will pay out $25,000 for each injured party or $50,000 per event and $10,000 for any property damages that occur during the accident. A failed amendment will mean that drivers will need to purchase medical payment insurance but can only get it if their insurance offers it.

The repeal could cause a surge in premium costs by upwards of 50% and further increase of uninsured drivers in a state that already pays the highest auto insurance premium in the country. American Property Casualty Insurance Association says of the potential veto, “Now is not the time to make major policy changes that affect every Florida driver and impose a tremendous financial burden on Floridians, especially those who can least afford it.”

If you have questions regarding Senate Bill 54 and what it means for you or for a red light camera violation attorney, visit Hochman and Goldin, P.A., Miami traffic attorney, online.

What Happens if You Accidentally Run a Red Light?

Hochman Goldin BlogWhile it does happen, most people do not intentionally run red lights. The large majority of those with red light violations are caught by just barely missing a yellow light’s warning. If your vehicle was snapped going through a red light, you can expect to receive a ticket of roughly $158, and if caught by a police officer, a ticket of even more.

You will get four points added to your license and higher insurance rates. Too many points, and you will wind up with a suspended license.

What if you ran a red light by accident?

Most of the time, there is hard enough evidence to show that you did run a red light. Red-light cameras take a photo of your license plate and show in plain sight where your vehicle was at the time of the incident. However, you can refute it with a red light camera violation attorney if you believe this was done by mistake.

Some red-light tickets are even given out under incorrect circumstances, such as you were not the one driving the vehicle, or you were making a permissible right turn on red. Sometimes machines and technology glitch.

You can defend yourself against these tickets by claiming that you went through a yellow light instead or were avoiding a dangerous situation and had no choice other than to drive through the light.

Receiving a red light ticket is not always your fault. If you have reason to believe your ticket was wrongfully issued, a Miami traffic attorney can help you prove your innocence.

New Auto Insurance Bill Could Cause Higher Insurance Premiums

Hochman BlogThe new Senate Bill 54 bill is estimated to cause a rise of $344 on average for Florida auto insurance. SB 54 plans to eliminate no-fault or personal injury protection insurance, or PIP for short. Instead of paying these premiums, drivers would need to buy bodily injury insurance coverage. Insurance companies for at-fault drivers would need to pay out up to $25,000 for any injuries that resulted from automobile crashes.

PIP covers expenses for medical bills, lost wages, and funeral costs if necessary after accidents regardless of who is at fault. This insurance even applies to auto accidents that would require you to have a red light camera violation attorney and those that occur when you’re not driving, such as a pedestrian-auto accident. PIP does not cover property damage, the other person’s injuries, or injuries from an accident if you were committing a crime.

Bodily injury protection insurance helps those who are legally responsible for auto accidents. It helps pay the cost of injuries for passengers in the other vehicle and their loss of income, as well as your own legal fees.

Florida is among the top ten states for uninsured drivers, driving the urge for the bill to pass, including cutting down on litigations, in which you might need a Miami traffic attorney. However, some believe the bill will be harmful to lower-income drivers who could see a 40 percent increase in the cost of premiums.

The governor of Florida has yet to decide if SB 54 will pass or not.

When You Need an Expungement Attorney in Florida

Hochman BlogExpungement is the process of destroying, erasing, or sealing arrest and conviction records. In most states, adults and even juveniles are allowed to partake in expungement for specific offenses. In Florida, the process to determine eligibility usually takes 12 weeks from the day a completed application is received.

 To qualify for record expungement, your charges must have been dropped or dismissed by a judge or jury, you must have never been convicted of a criminal offense in Florida, and you must have never sealed or expunged another arrest record in Florida (unless expunging an arrest that has been sealed for ten years). For Juveniles, the charges must also have been dropped, along with felonies and specified misdemeanors that ended up in adjudication of delinquency has been expunged under certain circumstances (see s. 943.0515, Fla. Stat for more information).

 In Florida, you can be found guilty but not convicted, which may allow for qualification of record sealing.

Any charges such as assault, battery, unlawful possession of a weapon or firearms, arson, neglect of a child, and animal cruelty are a few changes that can keep you from qualification. Visit the extensive list of statutes for more information.

 Typically, there are eight ways to seal and expunge records :

  • Administrative expungements

  • Court-ordered sealing or expungements

  • Juvenile diversion expungements

  • Automatic juvenile expungements

  • Early juvenile expungements

  • Lawful self-defense expungements

  • Human trafficking expungements

  • Automatic sealing

It is recommended that you first apply and see if you qualify before reaching out to a Miami traffic attorney. If you are eligible, give Hochman Goldin a call. We represent clients in expungements, red light camera violations, and traffic tickets. Our red light camera violation attorney can help.

What You Need to Know About Speeding Tickets and Points

Hochman BlogChances are if you have been driving any length of time, you have come face to face with the very real possibility of a speeding ticket (or have even gotten one!) It may seem like a huge mess, but if you keep a few things in mind, you should be prepared and far less stressed next time you get pulled over for speeding.

Did you know you accumulate points on your driver’s license? These depend on how fast you were driving and if you got into an accident. Going less than 15 miles over the speed limit will land you three points, but if you were going any faster, you will get four points. Got into an accident because of your speeding? That will earn you six points. Texting while driving will also automatically add 3 points to your primary offense.

Twelve points in any 12-month period will get you a 30-day license suspension in Florida.

Minor violations will allow you to attend online school for basic driver improvement – it will keep points off your license and lower any fines associated with the ticket.

High-speed speeding tickets are in a class all their own. Going 50 miles per hour or more over the speed limit could land you in jail, especially if it occurs with other offenses. You will likely be charged with reckless driving and could face third-degree felony charges. This will result in five years of prison time, ten years of license revocation, and up to $5,000 in fines.

Your best bet is not to speed at all. Take caution and pay attention to the road signs indicating the speed limits wherever you are driving.

Should you have any questions regarding a traffic-related matter such as a citation, please contact us to speak with a Miami traffic attorney or a red light camera violation 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.

Understanding How Red Light Cameras Work

Hochman BlogDriving through a red light is illegal in Florida, and will get you an expensive ticket. Knowing how red light camera violations work is important to prevent tickets and fines that will only increase over time.

Every flash at the red light does not always indicate a ticket. Sometimes the camera is triggered if someone makes a hard break, even without them actually passing the light. Essentially, these cameras flash when the front wheels of a car go past the trigger point. Each image captured is reviewed by a police officer who determines if there was a violation or not.

The camera will take two pictures, as well as record 12 seconds of video. If you have a red light camera violation, your notification of violation will include the date, time, and intersection of which it occurred, with camera proof.

Red light camera violations do not add points to your license. Your bill (formally known as a Notice of Violation) will come in the mail and you will have 30 days to pay it. If you fail to pay after the first notice, a second notification will be sent and the bill will be increased to $262. Red light camera violations are not considered tickets until a second notice for payment is sent. After that, points will be added to your license.

Should you have any questions regarding a traffic-related matter such as a citation, please contact us to speak with a Miami traffic attorney or a red light camera violation 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.

Should You Keep Expired Vehicle Documents?

andras-vas-EeCfOPSeRik-unsplash-1When driving on the Florida roadways, three essential pieces of documentation should be kept with you at all times: your driver’s license, registration, and proof of insurance. Each of these will likely need to be renewed at some point, with some requiring renewal earlier than others. For example, vehicle registration must be renewed every one or two years.

Speaking of vehicle registration, what happens once you renew? Are you required to keep the old one around even though it may no longer be valid? It’s true that for things like taxes, it never hurts to keep the previous year’s around, but this is not the same for vehicle registration. In other words, you can safely ditch your expired vehicle registration and keep only the current one.

If you do decide to ditch the vehicle registration, there is one thing you should make sure of and that’s making sure you dispose of it properly. Consider using a paper shredder to ensure the information in the document cannot be read by someone else. Vehicle registrations have a lot of information on them that you may not want a stranger to have access to and shredding is one way to potentially deter someone from getting the information.

Should have any questions regarding a traffic-related matter such as a citation, please contact us to speak with a Miami traffic 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.

Airborne Couch Situation Leads to a Traffic Ticket

wolfgang-hasselmann-G2wUJH-9KK0-unsplashThere is a myriad of reasons why you may receive a traffic citation when driving on the roads, and the example we’ll be sharing may qualify as one of the more unusual scenarios. A couple visiting family in South Florida are making the news for a somewhat unique reason that ended up resulting in a traffic ticket.

Last month, the couple were on the Florida roadways heading back to their home in Washington D.C., on Interstate 95 to be precise. While on the roadway, they had a scare and avoided what may have been an even more serious accident when the driver suddenly swerved out of the way after a couch being transported on a truck fell off of the truck. The couple’s vehicle ended up striking the median, it flipped over and ended up being totaled. The truck continued driving.

After being transported via ambulance to the hospital, a law enforcement officer showed up and issued a traffic ticket citation due to failing to drive in a single lane. According to the source FOX 13 article, despite what seems like a tough break for the couple given the circumstances, troopers should use discretion and a minimum two-vehicle should be maintained between vehicles so that drivers can have sufficient time to react. For example, if a vehicle decides to brake suddenly.

As your Miami traffic attorney, we are here to help with fighting your traffic ticket. Speeding, civil traffic tickets, and criminal traffic violations are a few examples of tickets our team may be able to assist with.

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.