Tag Archives: red light camera violation attorney

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.

Your Yearly Weekend in Traffic

traffic-jamDoes it seem like you spend an exorbitant amount of your time stuck in traffic while out on the Miami roadways? Your suspicions are correct. A report from the Texas A&M Transportation Institute reveals that the average driver spends just over fifty extra hours in traffic delays each year. These “extra hours” refer to the extra time drivers spend moving at congested speeds versus free-flow speeds.

To give you a rough idea of how long that is, it means you spend the equivalent of two and a half days in traffic or an entire weekend.

Commuters in fifteen of the country’s most-congested cities spent about 83 hours in traffic back in 2017, the most recent year with available data. Here in Miami, drivers spend 69 hours a year in traffic that’s nearly three days. Miami drivers can find some solace in knowing that their traffic woes aren’t as terrible as the San Francisco Oakland area which tops the list with a whopping 103 hours spent in traffic a year.

Texas A&M Transportation Institute says the situation will only continue to get worse and there is no single solution to help with easing the situation. Your best bet to help make the roads a little less congested for everyone may be to switch to public transportation, carpools, and other forms of transportation.

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.

Florida Joins Effort to Cut Down on Speeding

unnamed (12)Besides drunk driving, speeding has often been cited as a reason for many traffic accidents. Beginning next week, Florida is joining forces with several other states in ramping up its efforts to target speeding drivers that are recklessly putting the lives of others at risk.

Dubbed “Operation Southern Shield” Florida is joining states like its neighbor Georgia, South Carolina, Alabama, and Tennessee to spot interstate drivers that are driving well beyond the posted speed limits. Per the National Highway Traffic Safety Administration, speeding has played a role in close to one-third of all traffic fatalities in the United States over the last two decades. In 2017, more than 9,500 people lost their lives to due to speeding, which accounted for about 26 percent of traffic fatalities that year nationwide.

The goal of Operation Southern Shield isn’t so much for law enforcement officers to dish out an extra number of tickets as it is to educate drivers on how speeding can dramatically amplify the risk of being involved in a crash. Besides increasing the odds of serious injury or a fatality, speeding also reduces the effects of a vehicle’s safety equipment.

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 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.

Florida Approves Autonomous Vehicles

car-automotive-vehicle-digital-technology-futuristic-1575621-pxhere.comIn the near future, don’t be surprised if you pull up to a red light, glance over at the vehicle next to you, and realize that there is no one seated in the driver’s seat. Florida Governor Ron DeSantis recently signed a bill that would allow self-driving vehicles to operate in Florida.

Of course, this won’t be happening until the vehicles have been deemed fit for the roads. Governor DeSantis is hoping the law will grab the attention of companies that deal with the testing and building of autonomous vehicles. The bill also opens the door for ridesharing companies to deploy their driverless fleets in Florida. However, this doesn’t mean human-less vehicles will begin to show on public roads as these vehicles are still undergoing testing.

Florida’s bill which goes into effect next month will allow self-driving cars on all of the state’s roads provided the vehicles adhere to insurance and safety requirements. Requirements include having a minimum of $1 million in insurance coverage, regardless of whether the vehicles are being used for personal or commercial purposes.

With the signing of the bill, Florida joins just two other states that allow self-driving vehicles on the roads, these states being Texas and Michigan.

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.

Florida Governor Signs Texting and Driving Bill

textDrive (2)The time has finally arrived. Today, Florida Governor Ron DeSantis signed a bill that places tougher restrictions on drivers caught texting and driving, a major distraction.

Beginning in July, law enforcement officers will have the authority to pull a driver over and give them a ticket for texting while they’re behind the wheel of a moving vehicle, with a few exceptions. Drivers can, however, use their phone if the vehicle is stopped.

Texting while driving has remained illegal in Florida for a number of years, but law enforcement officers cannot stop a driver because it is a secondary offense. Due to this, the law is rarely enforced. In fact, fewer than 1,800 tickets were issued for this offense in 2018, according to the Miami Herald.

For those concerned about using their phone for purposes other than texting such as GPS, drivers will still be able to use their phones for navigation, placing a phone call, or reading emergency messages, such as a weather alert, for example. The exception to this is in work and school zones, where drivers are prohibited from using their phones except for an emergency.

To read more about the texting while driving bill recently signed by Governor Ron DeSantis, please visit the Miami Herald:https://www.miamiherald.com/news/politics-government/state-politics/article230519664.html?fbclid=IwAR0yzL3YlIl-yXSvRTWa3mRaYmWfMPqgzNQBrQaszqRMPDTCVnnYOoWaqGs.

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.

Illegal Immigrants May Become Licensed Drivers

driveFlorida is once again generating national headlines, and you may have already read about the reason why. A bill was recently introduced into Florida’s House and Senate that would bestow driver’s licenses to immigrants regardless of their current immigration status. The bill would allow immigrants that may be here illegally to use documents such as a foreign birth certificate or an unexpired foreign passport to obtain their license.

The House bill sponsor believes the legislation will create a deeper level of trust with those that may be considered “marginalized” and it will also make the roads safer. The Florida Immigrant Coalition also backs up this belief, stating that permitting those without proper documentation to receive a license would “cement” trust in law enforcement. The group also believes that insurance premiums would be lower and the roads would be safer.

Only time will tell whether illegal immigrants will be able to legally drive on the Florida roadways. For now, at least, current state law requires that anyone wishing to obtain a driver’s license must prove they are a citizen of the United States or a resident alien.

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.

Florida Drivers Earn a Dubious Holiday Distinction

driver2Are you among the millions of people that have decided to brave the crowds and go shopping for gifts at your local mall? If so, you may have noticed and assumed that South Florida drivers—already known for being aggressive—have been especially prickly during the holidays.

Your suspicions are indeed correct. The popular website and app GasBuddy recently published a study ranking the most aggressive holiday drivers and sure enough, Florida has earned the dubious distinction of making the top ten list, coming in at sixth place. The placement was determined by evaluating data from last month during the Thanksgiving and Black Friday weekend as well as other factors such as speeding, accelerating rapidly, and hard braking.

The top spot in the list of most aggressive holiday drivers goes to the brave drivers in the state of Georgia, followed by California, Texas, Louisiana, and South Carolina in fifth place. The state with the least aggressive holiday drivers? That honor goes to Hawaii.

Considering this is the last weekend before the arrival of Christmas next week, always try and practice patience if you’re planning on heading to stores and if it’s possible, consider ordering your last minute gifts online. Stay safe!

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.

South Florida’s Notorious Areas for Speeding

speed-1249610_1280Drivers going well over the speed limit isn’t something new, especially in Florida which is already known for having some of the worst and most aggressive drivers in the country. In fact, according to a WPLG article, it is not uncommon for the Florida Highway Patrol (FHP) to catch speeders going as much as 100 miles per hours or more. So, which are the areas that tend to attract the most speeders? Let’s take a look.

We’ll kick things off with the Gratigny Expressway which FHP says has resulted in more than seventy drivers receiving a ticket between the period of January 2017 to September of this year. In particular, the stretch between Lejeune Road and Red Road is known for people going at least 100 mph or more.

Speaking of major highways, the Florida Turnpike is also popular with speeders, particularly Griffin Road to Sunrise Boulevard. Over 200 drivers have been caught speeding.

The dubious honor of the number one speeding spot goes to another highway: I-75 north. As for the area, it comprises Alligator Alley, from U.S. 27 east. If 200 drivers being busted on the Florida Turnpike weren’t enough, FHP has caught a whopping 221 drivers soaring through at those same high speeds.

To read more, check out the WPLG article at the following link: https://www.local10.com/news/local-10-investigates/fhp-troopers-target-these-speedway-hot-spots-in-south-florida.

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.

 

Study Shows How Long Marijuana May Affect Drivers

leaf-1300206_1280Canada recently became the second country in the world to legalize the use of recreational marijuana. Even with the legalization, a recent study at McGill University in Montreal reveals that marijuana can impair drivers as much as five hours after they have taken a hit.

According to the study, drivers that have smoked cannabis were largely able to perform simple driving tasks such as hitting the brakes or driving at a constant speed. However, if they ran into a situation which required performing a more complex driving maneuver, the drivers that were under the influence of cannabis showed a greater, significant risk of potentially being involved in a crash.

The study involved more than forty adults between the ages of 18 to 24, all of whom fall under the category of recreational cannabis users. The participants were asked to perform a variety of driving tasks prior to smoking marijuana which were then performed several times: an hour, three hours, and five hours after smoking. Perhaps unsurprisingly, the test results indicated that marijuana does indeed impair a driver’s ability to cope with distinct situations while they are on the road.

You can read more about the study at the following link: https://www.thenewstribune.com/news/nation-world/national/article220150110.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 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.

New Florida Law Will Help Hearing Impaired Drivers

hearingImpairedA scenario that some Florida drivers may face is being pulled over by a law enforcement officer and then being unable to hear what the officer is saying. This may result in the officer misconstruing the intentions of the driver and thinking that he or she is refusing to follow instructions, or worse, resisting arrest, which may cause the situation to escalate.

In an effort to tackle such a situation and avoid tension, Florida is launching a new law next week where drivers will have the option of identifying themselves as being hearing impaired when they register a vehicle or renew their driver’s license. The law comes two years after a hearing impaired driver lost his life after being shot in North Carolina when he did not hear the sirens of the trooper attempting to pull the driver over.

The hearing impaired law will be the first of its kind in all of the United States. Other states have sought solutions such as ID cars indicating the person is hearing impaired. With this new law, however, a law enforcement officer only needs to look up the tag of the vehicle to immediately know that the driving is hearing impaired before any type of face to face confrontation takes place.

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.