Navigating Miami’s Complex Legal Landscape: A Primer on Local Laws and Regulations
While some zany laws still stand in Miami such as it being illegal to ride a skateboard at a police station, and that it’s against the law to sell oranges on the sidewalk, there are also some serious and important ones that visitors and residents need to know about too. The good news is you can find out about the most vital ones in the post below. Keep reading to discover what they are.
Table of Contents
Personal Safety & Property
First of all, let’s look at the Miami laws on personal safety and property:
In line with Florida legislation, you must wear a seatbelt when driving or riding in a car as a passenger in Miami.
Drivers or passengers 18 years plus can be stopped by law enforcement and cited for not wearing a seatbelt. The aim behind the law is to reduce road-related accidents and deaths in the Florida area as wearing a seatbelt is known to reduce instances of people being thrown from cars and being thrown against the windshield or steering wheel which can lead to fatal injuries.
Additionally, if the driver is properly strapped in they will maintain their position allowing them to control the vehicle and minimize the impact of the accident.
There are however a few exceptions to the Click it or Ticket rule. These include:
Persons that have a medical condition that means using a seat belt is dangerous, such a person must have a certificate from a physician staging this and must carry it with them in the vehicle at all times.
Additionally, those riding buses, farm equipment and trucks of over 26000 pounds are exempt from this rule.
Do not drink alcoholic beverages and drive.
Another important law in Miami is that you must never drink alcoholic beverages and drive. Once again this law is in place to minimize the risk to driver, passenger and other road users and imbibing alcohol will seriously reduce your reaction times. The best way to adhere to this law is to not drink at all if you know you will be driving. If you want to consume alcohol when using a taxi or Uber to get to and from your destination is best.
Open alcoholic beverages are prohibited in the vehicle.
It’s also important to note that in Miami it’s illegal to have an open alcoholic beverage in a vehicle. This applies even if you have not drunk any, or a passenger is drinking the alcohol not the driver. With this in mind you must always ensure any alcohol you have your vehicle is sealed and never opened while it remains there.
The Stand Your Ground Law
Miami is also one of the distractions in Florida where the Stand Your Ground Law is in place. The Stand Your Ground Law is a law that can often be seen as controversial. This is because it allows people to act in ways that in any other situation would be deemed illegal. For example, the Stand Your Ground Law states that individuals can physically defend themselves or others, including the use of firearms if they are under threat.
Additionally, the Stand Your Ground Law applies to property as well as people. That means in a situation where your property including your home or vehicle is under threat you may also be able to defend it.
Also known as “no duty to retreat” laws, Stand Your Ground laws are designed to allow a person to stay in any place where they are legally allowed to be, without having to retreat.
However, the truth of the matter is that the Stand Your Ground Laws can be complicated to apply, and if a defense of Stand Your Ground fails, then you could find yourself looking at a battery charge or worse depending on the severity of the situation.
Stand Your Ground Laws Explained
To help make things clearer for Miami residents and visitors let’s look at the Stand Your Ground laws in more detail.
In essence the Stand Your Ground Laws means you can define yourself, another or your property from imminent harm.
Examples that apply to the individual:
You may use force in line with the Stand Your Ground Law if:
An intruder enters, or attempts to enter your vehicle. This can be when you are in it, or outside of it. But you must be able to prove that your safety was at risk by the intruder’s action.
Examples that apply to property:
You can also use force to remove a person from your property, even if they have been previously invited and then asked to leave. However, again to be successful in this defense you must be able to prove your safety was at risk.
Lastly, you can use the Stand Your Ground Laws to use force if an intruder enters your home, and that the intruder has the intention of committing an unlawful act inside your home.
However, there are some situations in which you absolutely cannot apply the Stand Your Ground laws and use force. First of all, if you are doing anything illegal, then you no longer have the right to use force to defend yourself. For example, criminals do not have the right to use force against police people trying to stop, interview or arrest them.
Additional, if you have provoked someone you do not then have the right to use force to defend yourself. Unless, you can prove you have done everything in your power to remove yourself from the situation without violence or escalation.
General Conduct Laws In Miami
In addition to the personal safety and property laws above, there are some general conduct laws that both residents and visitors to Miami need to be aware of.
Smoking Cigarettes
First of all, if you live in or plan on visiting Miami, it makes sense to know the rules around smoking cigarettes in public. Basically in line with Florida law it is now illegal to smoke indoors in most public areas such as restaurants, bars, hotel lobbies, and airports.
However, the expectation of these rules includes outdoor restaurants areas, standalone bars, and smoking designated hotel rooms.
Smoking Marijuana
In addition to the laws on smoking cigarettes, there are some important laws on possessing and smoking that visitors and Miami residents need to be aware of. Marijuana is illegal in Miami, but it is also decriminalized. This means if law enforcement does not enforce possession of small amounts. However, larger amounts they do and the more you have i n your possession the greater the fine and jail time.
Additionally, while marijuana is decriminalized and also allowed for medical use with a prescription, it remains illegal to smoke it on the beaches or in the parks around Miami.
Indeed, there are many things that are also illegal on the beach in Miami including loud music, glass containers, plastic straws, styrofoam containers, loud musics and large coolers. Not to mention filtered tobacco products including cigarettes.
Alcohol consumption is also prohibited in public and on the beaches. If you want to drink alcohol elsewhere the age restriction is 21 and up, and you will need to take a photo ID with you that shows your date of birth, such as a passport if you wish to get served.
Other Drugs
Lastly, while many have the idea that Miami is something of a haven for narcotic use, nothing could be further from the truth. Indeed, because of issues with smuggling and supply that Miamais unique location causes them to face, you can expect drug use, and possession laws to be just as strict if not stricter than elsewhere in the US.
For instance, anyone found in possession of crack cocaine could face from five to twenty years of incarceration. Similarly, anyone found in possession of another controlled substance could have fines of up to $100,000 and a year in prison.
Questions About Miami Law? Ask the Law Office of Cary Woods II – Your Go-To Expert For Legal Advice And Representation In Miami.
Miami has a complex legal landscape as you can see from the information above. In particular the Stand Your Ground laws can be tricky to prove as a defense, as you need to show evidence that you are under threat.
Additionally the Marijuana can also be especially confusing as medical use is allowed with a prescription, and the drug is decriminalized in small amounts. Yet the use of it is still prohibited in public places such as the beach.
The good news is that if you are confused about these Miami laws and regulations, or any others, an expert local law firm like Cary Woods Law can help.
Indeed, working with an experienced and respected Miami lawyer will ensure that the legal issue you are facing is resolved as swiftly and effectively as possible.
Contact our helpful and friendly team at the Law of Cary Woods II at 786-750-7872 today to see how we can help you navigate Miami’s complex legal landscape successfully.
