Tag Archives: Miami Traffic Ticket Lawyer

Reckless Driving in FLorida

Hochman Goldin BlogDriving recklessly is extremely dangerous but easy to get pulled into if you are not remaining vigilant and careful on the road. Tailgating, weaning in and out of traffic, and speeding are all considered reckless driving. If caught, there can be high penalties, depending on the outcome.

Florida defines reckless driving as any individual driving a vehicle in willful disregard for another person’s safety or property. Reckless driving is considered a misdemeanor in Florida and can land you jail time if the outcome is bad enough. Most charges include a $500 fine, up to 90 days in jail, or both. A second offense will cost these charges to double. If property damage was involved, or you caused injury, you will need a Miami traffic ticket lawyer because these charges are a third-degree offense. You will likely face a fine of $5,000 and up to 5 years in jail.

However, there is a difference between reckless and careless driving. While many get the term confused for one another, they cannot be used interchangeably. Careless driving is speeding, weaving in and out of traffic, tailgating, but does not include the “disregard” for others’ included in reckless driving. Essentially, they are unintentional accidents, but they can still wind up on your record. A Miami expungement attorney can help you dispute these charges if you feel they were given to you unnecessarily.

These charges are typically a fine from $160 to $500 and court costs. You will earn points on your license as well – most moving traffic violations are 3 points, but careless driving typically ends up in four points. You can also get a withhold of adjudication, which means the offense will not end up on your record. However, this is only available where there were no property damages or injuries to others and if it was the first offense.

What to Expect in Traffic Court

Hochman BlogIf you want to fight a traffic ticket, like speeding and running red lights, you may end up in court. You will not have a jury (these trials are referred to as bench trials), and while every case is different, you can expect a few universal things in Traffic Court.

Traffic court is quite different from criminal court, which typically is reserved for felonies and misdemeanors only. Minor traffic violations are considered crimes, but they are not handled like one in a courtroom. This type of court is usually less formal, and you may see people representing themselves. However, we recommend a Miami traffic ticket lawyer to help represent you if you end up in court. Since traffic violations are mostly minor infractions, people walk away with fines, not jail time.

Government evidence will be presented, which is more often than not the testimony of the officer who issued the ticket. The defendant is you, and the prosecutors are the state, but there are no prosecutors in some states. The defendant will get the chance to cross-examine the officer and ask their own questions, as well as present their own evidence that supports their case. Then, the judge will decide on whether the defendant is guilty or not.

If found guilty, you will have to pay fines and sometimes go to traffic school to correct the offense.

If your case was dismissed or you granted withheld adjudication, a Miami expungement attorney may be able to help your seal or expunge these charges, even for minor offenses such as traffic violations.

High-Risk Driver Insurance in Florida

Hochman BlogIt is no secret that high-risk auto insurance is expensive. A high-risk driver has been deemed more likely to file a claim because of factors such as their age and past driving record, resulting in a higher cost of insurance. However, in the state of Florida, it is exceptionally pricey. Florida has a higher amount of crashes and claims than any other state, with an average death rate of 14.8 in every 100,000 people (the national average is 11). In 2019 alone, there were a total of 401,867 reported crashes, with 2,951 fatalities. 16% of total crashed involved teenage drivers.

Keeping all these stats in mind will help you better understand why high-risk insurance costs can be so high. Even with a higher national average, the cost of insurance will depend on the individual driver.

Speeding tickets can result in higher insurance rates. It will depend on how fast you were going and how many you have accumulated in the past. Speeding is the leading cause of accidents and insurance claims, so this results in a higher premium. If you have recently received a speeding ticket you feel was not deserved, call Hochman Goldin, Miami traffic ticket lawyer for help.

Car accidents will also raise your insurance costs. Fender benders, causing pedestrian and cyclist injury, and other property (auto or otherwise) damages will undoubtedly cause your premium to rise. The severity of the accident will determine by how much, along with your previous driving history.

Traffic accidents and other tickets on your record will cause your insurance costs to rise. If you have recently been in an accident or received a significant traffic violation that has landed on your record, a Miami expungement attorney can help you remove them, giving you the potential to have a lower insurance cost and clean criminal record.

What SR-22 Insurance Means for Florida Drivers

Screen Shot 2021-05-07 at 4.51.19 PMIf you have been convicted of driving violations such as DUIs and driving without insurance, you may be required to purchase SR-22 or FR-44 insurance in order to reinstate your license.

SR-22 insurance is filing for proof of coverage, which your insurer will send to the state DMV to prove you have liability insurance as required by the state of Florida. This will cost exponentially more than other types of auto insurance. This is because you have been identified as a high-risk driver, or because you were required to obtain filing originally (in the case of driving without insurance).

FR-44 insurance is costly because of the severity of DUI convictions and higher liability insurance requirements.

If you’ve been deemed a high-risk driver by the state of Florida, your license may be suspended and you may be required to get SR-22 insurance to be able to drive legally again.

It’s important to note that this type of insurance is not separate auto insurance, but an insurance policy for automobiles and motorcycles that has an SR-22 endorsement attached. Due to this, you must purchase a policy that meets the state of Florida’s required insurance liability limits, and have the insurer submit an SR-22 for you.

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 305-515-5284 to speak with a Miami Expungement 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.

Texting While Driving Law Sees Possible Enforcement Difficulties

people-2599458_1280Back in 2019, Florida Governor Ron DeSantis signed a law upgrading texting while driving from a secondary into a primary offense, carrying with it a fine of $30 for first-time offenders and incrementally getting larger on subsequent offenses. Before the change, a law enforcement officer had to stop a driver for a different reason before the driver could be charged with texting while driving.

Even with these changes, however, Florida numbers suggest that the law is potentially not being enforced as effectively as possible, an Orlando Sentinel article reports. Florida has also struggled to monitor how many drivers are ticketed around the state – and whether police may be singling out minorities. The rule, according to those in charge of writing tickets, may also have too many ambiguities.

Over 20 of Florida’s nearly 70 sheriff’s offices and at least 56 of the state’s 150+ local police departments are without citations from the state’s texting infringement census, which was released earlier in 2021. The report also featured at least one significant mistake, which was found by a news photographer after the fact and resulted in hundreds of texting tickets being overcounted.

Among Florida’s most populous counties, Broward County did not send any statistics to the Florida Department of Highway Safety and Motor Vehicles until an inquiry regarding whether they were absent was submitted. Under 20 drivers were ticketed for texting in Broward County, which has a population of close to 2 million inhabitants.

Authorities throughout Florida gave more citations for violations of the carpool lane or failure to use turn signals in a typical year. According to the most recent data available, impaired driving, which involves tweeting, resulted in over 55,000 accidents and almost 300 deaths in Florida in 2019.

With an estimated 2 million vehicles in Miami-Dade County, police issued almost 300 texting tickets, or around six each week. Deputies in Palm Beach County issued 38 citations.

Any questions about a citation, please contact our Miami traffic ticket lawyer firm.

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 Bills Seek Cameras for School Zones

road-192747_1920Earlier this month, South Florida lawmakers sought to gather more aid in backing House and Senate proposals (HB 357 and SB 1474). These bills are aimed at permitting local governments to implement traffic cameras in school zones.

The bills would penalize drivers that are snapped driving more than ten miles per hour over the school zone speed limit. Violators will be fined $132 by the House bill, with around half of the money designated for Florida’s general revenue fund. The city government will collect the brunt of the remaining money, with lesser percentages being given to the Florida Department of Law Enforcement, the school system, and some children’s hospitals.

If cars are photographed speeding into school zones, they will get traffic tickets, and the money received will be distributed in the same manner as the House bill.

While the bills may seem like a good cause, they aren’t being embraced without a bit of concern. Automated compliance, according to some civil rights organizations, may not be the best approach. Lawsuits against them are still pending in the courts. Red light, as well as speed cameras, are prohibited in ten different states. The use of these instruments is not addressed in any manner by Florida statute.

The aim is to protect children, not to give tickets or raise fines. Before any violations are given, counties and cities with these protection programs must notify their residents about the cameras and give alerts. Florida has long allowed cameras to catch pictures of drivers speeding through red lights, and politicians have evaluated repealing the law.

Should you have any questions about a citation, as your Miami traffic ticket lawyer we’re here to help you fight your ticket. Contact us today to discuss your case or if you need the services of a Miami expungement attorney.

Drivers With Expired Licenses May Have to Retest

elliot-kwan-KV57YBuoIe0-unsplash(1)Do you have an expired Florida driver’s license? Some recent changes in Florida law mean you’ll likely face a few additional hurdles when it comes to renewal. On February 1, Florida implemented a new law requiring drivers that have had their license expired for an extended period to retake a vision test and also complete the written portion of the driving exam before they will be allowed to renew.

A few examples of scenarios where retesting may be required include:

  • Drivers who have passed the awareness examination in Class E (the standard license type) but have yet to apply for issuance within one year of the exam date.
  • Drivers that have been demoted from a driver’s license to an ID card and the driver’s license expired for one or two years.
  • Drivers who have not applied during the one-year overdue renewal cycle to upgrade their driver’s license.

To prevent retest requirements, drivers should consider renewing early. The official Florida Driver’s Handbook can be downloaded by applicants who wish to prepare for the test.

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.

 

Slow Left Lane Drivers May Increase Road Rage

highway-3392100_1920Driving behind a car that is moving slower than the rest of the flow of traffic is a practically surefire way to increase the odds of road rage among South Florida drivers. When they’re forced to quickly hit the brakes when they are driving in the left lane, drivers can become highly enraged when a car’s speed is unusually slow. This car frequently drives below the speed limit, and even though the driver behind them gently shines their lights to request that they move, they may neglect to change lanes despite the left lane being solely for passing.

Florida Statute 316.081 specifies that slower cars must yield to others who travel quicker, but some drivers either refuse to do so or do not know about it. About 40,000 citations were released between 2014 and 2019 due to drivers failing to heed this law, according to the Florida Highway Patrol.

Can permanent road signs saying something along the lines of “slower traffic keeps right” help alert drivers of what they should be doing? You may have noticed something similar posted on the various electronic road signs found throughout Florida, but these messages only stick around temporarily.

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.

Impaired Driver Service Makes Its South Florida Debut

pexels-energepiccom-288476An impaired driver safety service is debuting in Boca Raton after launching over a decade ago in Atlanta. Dubbed SafeRide America, the idea behind the service is simple. During the weekends, a driver will arrive and drive the impaired individual as well as their vehicle home, ensuring that both driver and vehicle arrive safely.

SafeRide America’s introduction to South Florida came about after its founder’s father lost his life due to a drunk driver who was involved in a head-on collision. The driver had a blood-alcohol content level three times the legal limit and was driving on the wrong side of the road.

The cost of SafeRide America is only $2 a minute and there are no waiting fees or surcharges involved. It’s a small price to pay that makes the roads safer for everyone, especially in South Florida which is already known for its dangerous roadways.

Although SafeRide America is limited to Boca Raton, the service has plans to expand to several different cities in Florida by March.

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.

Make a Decision Regarding Your Traffic Ticket

road-car-driving-bike-asphalt-vehicle-284927-pxhere.comLet’s say that you ended up receiving a traffic ticket. You now have a thirty-day grace period of sorts to determine how you wish to address the ticket. You may decide to pay the fine and have points added to your license, you could attend traffic school and have the points removed, or you may decide to contest the ticket.

We encourage you to seek the assistance of a traffic ticket attorney to help fight the ticket but for purposes of this blog, let’s say that you did not make a decision within those thirty days. Should this happen, you may find yourself facing severe consequences. For example, you could have your license suspended, preventing you from legally operating a vehicle.

If you’re outside of the thirty-day grace period by a day or two, contact the clerk of court as soon as you can. You may be able to explain the situation and avoid license suspension as well as any extra fines that may be tacked on.

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.