Florida’s New Texting and Driving Law: Good Intentions May Lead to Serious Consequences, says Fort Lauderdale Criminal Defense Attorney

Florida’s New Texting and Driving Law: Good Intentions May Lead to Serious Consequences, says Fort Lauderdale Criminal Defense Attorney

Florida’s New Texting and Driving Law: Good Intentions may Lead to Serious Consequences

We’re all likely guilty of breaking this new Florida traffic Law.

Every once in a while, even the safest of drivers divert their attention from the road to their phone screen when a new text message pops up.

Whether it’s responding to an email or checking who saw your last Instagram story, most of us have tried to navigate traffic or change lanes while looking at our cell phone screens.

Back on  July 1, 2019, a new Florida Law, which made texting and driving a primary offense, came into effect. This means police officers can now pull you over for just texting. In the past, texting and driving was a secondary offense and people could not be stopped for doing it alone. You needed to commit a specific traffic violation before being stopped and pulled over by law enforcement.

With the start of  2020, Florida police officers have finished their period of informing and educating the public about the new law. As of Jan. 1, police officers will now be enforcing the law and pulling people over for texting while driving.

Florida’s texting and driving ban can prevent many accidents from occurring and can save  many lives. According to Florida Highway Safety and Motor Vehicles, in 2017 there were more than 50,000 accidents caused by drivers being distracted by their phones from texting, GPS tracking and social media updates.

To be pulled over for texting and driving, a person must actually have their phone in their hand. According to the 2019 Florida Statute, a person cannot drive while “manually typing or entering letters, numbers, symbols, or other characters” into a phone. Similarly, they must not be using “communication methods known as texting, e-mailing, or instant messaging.”

“Section 316.305, Florida Statutes allows law enforcement to stop motor vehicles and issue citations to motorists that are texting and driving. A person may not operate a motor vehicle while manually typing or entering multiple letters, numbers or symbols into a wireless communications device to text, email and instant message,” according to FLHSMV.

Consequences for violating the no texting and driving law in Florida

A first offense for texting and driving can result in a $30 fine, while a second offense may result in a $60 fine. Additionally, points will be added to people’s licenses and court costs may increase the fine to $108.

Unintended consequences of Florida’s new texting and driving law

Although this law is well-intentioned and will certainly save lives, from the perspective of a criminal defense law firm, we have some reservations about the law.

There is no real, accurate way to prove a person was on their phone at the time they were pulled over — body cameras would not be enacted until the actual stop. This gives police officers leeway to pull people over and cite the reason as texting, even if this was not truly the case. This could potentially turn into rouse to pull people over and start late night DUI investigations, leading to the illegal arrests of hundreds of people.

Ten years ago, our firm saw the same situation — arrests without enough probable cause —  happen when failure to wear your seatbelt became a primary offense. We had a sudden increase in criminal and DUI cases where our clients emphatically stated that they were wearing their seatbelt, only to have an officer say otherwise.
Similarly, this new law raises many questions in regard to factoring race and ethnicity into police arrests. According to the Sun Sentinel, after the law changed for wearing seatbelts, more than 50% of the tickets for not wearing a seatbelt were given to persons who are black by the Broward Sheriff’s Office. This is extremely disproportionate when only 30% of Broward County is black, as the last census reported. This trend towards race-based policing, or other prejudices, may be the case for some people as this new texting and driving law takes effect.

Tips to avoid texting and driving

To avoid texting and driving:

  • Try putting your phone in a place that you can’t easily reach when you first get into the car. Placing your phone out of reach  will stop you from going on your phone at all.
  • You can also set your phone on do not disturb while you are driving, so that new messages and notifications don’t take your attention away from the road.
  • If you do need to use your phone in the case of an emergency, you should use voice-activation or Siri to make calls and send texts so that you don’t remove your hands from the wheels.

What to do if cited for texting and driving

If you are pulled over by police and cited for texting and driving, you should always be calm and polite to the police. You have the right not to say anything to them, and you should not feel pressured into admitting guilt.

No not hand your phone over to the police. You have the right to say no, and can inform the officers that you have the right not to consent to a search of your personal device unless they have a search warrant.

Most importantly, if you do get ticketed for texting and driving, you should hire Rossen Law Firm’s trained Criminal Defense Attorneys to help represent your case.

Reach out today to learn more or to schedule a free consult:

Second DUI, 0.19 Breath
DUI Charge Dismissed
Federal Child Porn Possession
Mandatory Prison Time Avoided
Attempted Murder
Charges Dismissed
How We Win
Second DUI, 0.19 Breath
DUI Charge Dismissed
Federal Child Porn Possession
Mandatory Prison Time Avoided
Attempted Murder
Charges Dismissed
Google Reviews
kevin tabronkevin tabron
00:07 08 Sep 22
In one of the most stressful times in my life, Rossen Law Firm was there for me. Leaving no stone unturned they provided patience and knowledge in every detail of my case. I’m very thankful and proud of this law firm family and especially of my lawyer, Scott Simmons for guiding, defending and helping me in every way possible. He and this law firm family come highly recommended from personal experience!!!
Jason HigleyJason Higley
15:24 26 Aug 22
I had an unfortunate situation with a family member that lead to my arrest and being charged with DV Battery. This was the first time I had ever been arrested so I was very nervous and afraid of what was going to happen to me. After talking with Adam I decided to retain him and let me tell you this was the BEST decision I could have ever made. Adam made me feel so comfortable and confident that everything will turn out the best in my favor. He is professional, ethical and supportive. He was always available too answer any questions or concerns.Not to mention, his team at the office is awesome they are so friendly and welcoming. Anytime I had a question when I called the office they were able to guide me in the rightdirection. They always were in contact with me with any information or updates regarding my case. Adams team is GREAT!Adam delivered, my case was DISMISSED. So if you want an attorney the is gonna fight for you and get the job done retain the BEST there is Adam Rossen!!!
Felix I HFelix I H
13:27 28 Jul 22
Adam Rossen and the team at Rossen Law took great care in handling my case. They are very professional, and get the job done. I was particular relieved to see just how much empathy they showed with me, and how effortless it was to be their client.I literally visited them twice. My initial consultation, and then to pickup the final docs. I have nothing but great things to say about these folks, and I would highly recommend them to anyone. Thanks Guys.
Terry ChristopherTerry Christopher
12:32 09 May 22
I had an amazing experience with The Rossen Law Firm. The staff were very professional. Attorney Susan Lawson went above and beyond working on my case. We were thoroughly prepared for trial. Mrs. Lawson reviewed hours of body and dash camera footage multiple times and aggressively performed depositions on witnesses and law enforcement.The final outcome for me was the state dropped my case, due to the great work Susan and the Rossen team performed. I didn’t even need to go to trial.This law firm does not play around. They pay attention to detail and they FIGHT FOR YOU!Thank you Adam, team, and a special thank you to Susan for your amazing work! I really appreciate you.
Ketiana ProvinceKetiana Province
20:27 23 Mar 22
My experience with Rossen Law Firm was excellent. From the consultation to the end.. My attorney Susan Lawson gave my son's case all the time and attention that was needed to be successful in court. She was confident during all the court proceedings. My favorite part was when she said we are family, never once my son and I were treated other then that. I very much appreciate the knowledge and support I received through Rossen Law Firm.
js_loader