Is Texting and Driving Illegal in Florida?
The newly passed Florida Ban on Texting While Driving Law can be found at Fla. Stat. §section 316.305, Florida Statutes, took effect last year on July 1, 2019. The Florida legislature passed the law to improve safety on roadways and highways for all drivers, passengers, pedestrians, and bicyclists and prevent car accidents caused by distracted drivers. The biggest change in the new law is that it provides law enforcement officers with the authority to stop motor vehicles and issue citations to persons who are texting while operating a car. In this blog post, we will discuss some of the most important changes to the law in Florida and what types of activities are illegal under the newly passed Florida Ban on Texting While Driving Law. The Florida Ban on Texting While Driving Law applies to all handheld devices used or capable of being used in a handheld manner. The law defines a handheld device as any device that can be used or is capable of being used in a handheld manner, that is designed or intended to receive or transmit text or characterbased messages, access or store data, or connect to the Internet or any communications service and that allows text communications. The law specifically states that “A person may not operate a motor vehicle while manually typing or entering multiple letters, numbers, symbols, or other characters into a wireless communications device or while sending or reading data on such a device for the purpose of nonvoice interpersonal communication, including, but not limited to, communication methods known as texting, e-mailing, and instant messaging.” To sum things up, this means that it is now illegal for anyone operating a motor vehicle to text messages or read data while a vehicle is in motion. As of January 1, of this year, texting is now treated as a primary traffic offense. This means that police officers are allowed to apprehend drivers if they suspect they are texting and driving without any other reason for a traffic stop.
Penalties for Violating the Florida Ban on Texting While Driving Law
The law specifically lists the penalties for violation of the new law “Any person who violates this section commits a noncriminal traffic infraction, punishable as a moving violation and shall have 3 points assessed against his or her driver license. For a first offense under this section, in lieu of the penalty previously specified and the assessment of points, a person who violates this section may elect to participate in a wireless communications device driving safety program approved by the Department of Highway Safety and Motor Vehicles. Upon completion of such program, the penalty specified previously, and associated costs may be waived by the clerk of the court and the assessment of points must be waived.” Generally, first-time offenders will be mandated to pay a $30 fine while repeat offenders will be required to pay a fine of $60 and receive three points on their license. Drivers caught texting in a school zone may have two additional points added to their licenses, while motorists whose texting resulted in a crash will have six points added to their licenses.
Contact Our Distracted Driving Accident Lawyers for a Free Consultation!
If you’ve been injured in a distracted driving accident, you should have the accident investigated as soon as possible. A thorough examination can disclose if a driver was using his or her smartphone at the time of the car accident, which can drastically affect the amount of damages a victim is awarded. Our car accident lawyers can help you build a strong injury case and advise you of all of your legal options. Although Florida law can be challenging, experienced car accident attorneys can put forth the required evidence to win your case and obtain fair and adequate justice. If you, a loved one, or a friend is involved in a car accident and have any questions, let the injury attorneys at Suarez & Montero review the circumstances of your accident and discuss your legal options. Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights. At the law offices of Suarez and Montero, we operate on a contingency fee basis. In other words, the consultation is free, and you don’t pay a single cent, unless we win your case. Once you hire our firm, one of our expert lawyers will conduct a systematic and complete investigation to come up with a customized plan of action for your personal injury claim. Our lawyers provide efficiency, experience, knowledge, and can help you get the compensation you deserve after a slip and fall. We are available 24/7 to give you a free, no risk case consultation.
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