2019 Florida Texting and Driving Law Update: 316.305(3)(a) Wireless Communications While Driving LawĮffective October 1, 2019, texting while driving is a primary driving offense in the state of Florida. In 2009, President Obama issued an executive order which prevents federal employees from texting and driving while driving on government business or using government equipment. Texting while driving risk vs undistracted drivers#However, drivers operating commercial motor vehicles, bus drivers, or motorists transporting hazardous materials are all banned from texting while driving. The ACLU has reported that in Florida after the law requiring seat belts was instituted, black motorists were more likely to be stopped and ticketed than their white counterparts.įederal law is fairly far behind state legislatures. Perry Thurston, D- Lauderhill, has been reported to say. “It could be a pretext to stop certain individuals,” Sen. Texting while driving risk vs undistracted professional#“As a professional racecar driver, I started driving before most, so I learned, early on, that traffic safety – on the racetrack or on the street – is the key to keeping everyone safe.”Ĭritics of the law believe that it could result in an increase of racial stops. “It is about time texting and driving becomes a primary offense,” says Tristan Nunez, founder of the Coalition. The “FL DNT TXT N DRV Coalition,” along with at least 25 local governments (including Miami-Dade County) are in favor of making driving and texting a primary offense. Texting while driving risk vs undistracted driver#If the driver causes a crash, then six points would be assessed against their license. Under the proposed law, the offense would be subject to a $30 fine. Law enforcement currently cannot pull someone over for texting and driving without a primary offense, such as speeding. This means a $20 fine with no points added to the driver’s record.Ĭritics of the law believe that it does not do enough to curtail text and drive accidents, and have been pushing for stronger legislation to designate texting while driving as a primary offense. Violation of this law is classed as a noncriminal traffic infraction and is punishable as a nonmoving violation. The law covers everything – texting, emailing, or instant messaging. Florida Statute 316.305, known as the “Florida Ban on Texting While Driving Law,” prohibits someone from driving a car while manually typing or reading data on a wireless communications device. In Florida, there is currently a ban on texting while driving. With 92% of drivers in the nation admitting that they have used a cell phone while driving a car, it is not surprising that texting and driving lead to accidents and personal injury. Miami car accident attorney Prosper Shaked provides insight on texting and driving laws in Florida and distracted driving accident statistics. Florida is the second worst in the nation for having distracted drivers at the wheel, followed closely by Louisiana. Texting and driving is a relatively new problem – particularly in Florida – although distracted driving is not.
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