In the event of a crash resulting in death or personal injury, the billing records for your wireless communications device, or the testimony of or written statements from appropriate authorities receiving such messages, may be admissible as evidence in any proceeding to determine if you were texting while driving in violation of the law at…Details
A violation of the Florida Ban on Texting While Driving Law is a noncriminal traffic infraction punishable as a nonmoving violation. However, a second or subsequent violation within 5 years after the date of a prior violation is punishable as a moving violation. Any violation of the new law (§316.306, Fla. Stat.) is a noncriminal…Details
What If Your Navigation System, Road Alerts, Or Radio Comes Through Your Phone? Can You Still Use It?
Yes, a driver can receive messages related to the operation or navigation of the motor vehicle, safety-related information (such as emergency, traffic, or weather alerts), data used primarily by the motor vehicle, or radio broadcasts.
What If Your Car Allows You To Use Voice Commands To Operate Your Wireless Device; Is Operating Your Device With Voice Commands A Violation Of The Law?
This law is intended to improve highway safety by prohibiting nonvoice wireless communication. Using voice commands which do not require manual entry of text or the reading of text messages, except to activate, deactivate, or initiate a feature or function, is not prohibited by this law.
The reporting of an emergency or criminal or suspicious activity to law enforcement authorities is one of the exceptions to this law.
Isn’t There An Increased Risk Of Improper Law Enforcement Behavior Now That Texting While Driving Is A Primary Offense?
In order to deter improper racial or ethnic “profiling”, the law now requires a law enforcement officer to record the race and ethnicity of the violator on any citation for violation of Sections 316.305 or 316.306. Law enforcement agencies are required to maintain this information and report it to the Department of Highway Safety and…Details
If You Are Stopped On Suspicion Of Texting While Driving, Are You Required To Allow The Law Enforcement Officer To Search Your Wireless Device?
The law requires an officer to inform you of your right to decline a search of your wireless device. If you decline, the officer may not access your device without first obtaining a search warrant from a judge, nor may the officer confiscate your device while waiting to obtain a warrant to access it. The…Details
Good question. In general, a person is considered to be “operating” a motor vehicle simply by being in actual physical control of the vehicle, whether it is moving or not. But for purposes of this law, a motor vehicle that is stationary is not being operated and is therefore not subject to the prohibitions of…Details
No, you cannot operate a motor vehicle while manually typing or texting or emailing on a wireless device, or while sending or reading data on such a device. This law was created to prevent car accidents resulting from texting while driving. Law enforcement officers can stop motor vehicles and issue citations as a primary offense…Details
In 2019, a new law was implemented which prohibits using a wireless communications device (defined to include without limitation a cell phone, tablet, laptop, two-way messaging device or electronic game that is used or capable of being used in a handheld manner) in a handheld manner in any school crossing, school zone or work zone…Details