Understanding the Laws on Texting While Driving in Florida
In Florida, texting while driving is considered a secondary offense. This means that a law enforcement officer cannot stop a driver solely for texting while driving. However, if a driver is stopped for another reason, such as speeding or reckless driving, they can be issued a citation for texting while driving.
The Florida law prohibits drivers from manually typing or entering multiple letters or texts on a wireless communication device while driving. This includes texting, emailing, or instant messaging. The law applies to all drivers, including commercial vehicle operators.
Primary vs Secondary Offenses in Florida
A primary offense is one that can be the sole reason for a traffic stop. Examples of primary offenses in Florida include speeding, running a red light, or failing to stop at a stop sign. On the other hand, a secondary offense requires another reason for the stop before a citation can be issued.
The classification of texting while driving as a secondary offense in Florida has been a topic of debate. Some argue that it should be a primary offense, given the dangers of distracted driving. However, the current law requires another infraction to occur before a driver can be cited for texting while driving.
Penalties for Texting While Driving in Florida
The penalties for texting while driving in Florida can be significant. A first-time offense can result in a fine of up to $30, plus court costs. A second or subsequent offense can result in a fine of up to $60, plus court costs, and three points on the driver's license.
In addition to fines and points, a driver who causes a crash while texting and driving can face more severe penalties, including a possible suspension of their driver's license. The court may also consider other factors, such as the severity of the crash and the extent of any injuries or property damage.
Distracted Driving and Safety in Florida
Distracted driving is a major concern in Florida, with thousands of crashes occurring each year due to driver distraction. Texting while driving is one of the most common forms of distracted driving, and it can have devastating consequences.
To promote safety on the roads, Florida has implemented various initiatives, including public awareness campaigns and educational programs. Drivers can also take steps to minimize distractions while driving, such as using hands-free devices or pulling over to a safe location to text or make calls.
Defending Against a Texting While Driving Citation in Florida
If a driver receives a citation for texting while driving in Florida, they have the right to contest the charge. A skilled traffic attorney can help drivers understand their options and build a strong defense.
To defend against a texting while driving citation, the driver may need to provide evidence that they were not texting at the time of the stop, or that the officer did not have probable cause to issue the citation. The attorney can also help the driver navigate the court process and negotiate with the prosecutor to reduce or dismiss the charges.
Frequently Asked Questions
What is the penalty for texting while driving in Florida for a first-time offender?
A first-time offender can face a fine of up to $30, plus court costs, for texting while driving in Florida.
Can I be stopped solely for texting while driving in Florida?
No, texting while driving is a secondary offense in Florida, meaning you cannot be stopped solely for this reason, but you can be cited if you are stopped for another reason.
How many points will I get on my license for texting while driving in Florida?
For a second or subsequent offense of texting while driving in Florida, you can receive three points on your driver's license.
Is texting while driving a primary or secondary offense in Florida?
Texting while driving is a secondary offense in Florida, requiring another reason for a traffic stop before a citation can be issued.
Can I use a hands-free device to text while driving in Florida?
While hands-free devices are allowed for talking, the law prohibits manually typing or entering texts on a device while driving, even with a hands-free device.
Will my insurance rates increase if I get a ticket for texting while driving in Florida?
Yes, receiving a ticket for texting while driving in Florida can potentially increase your insurance rates, as it is considered a moving violation.