man in car texting while driving about to have an accident

Whenever a friend of mine from another state would visit me in Florida and I would grab my cell phone while driving, they would be shocked that we had no laws that outlawed cell phone use while driving. It really blew them away when I told them texting while driving wasn’t a primary offense either (you would have had to be pulled over for another offense to receive a violation for texting while driving). Well, all of that changed as of July 1, 2019.

Florida finally got up to speed (no pun intended) and passed a ban on texting while driving that has some teeth. It is now officially a violation to text and drive while your car is moving. And yes, of course, that includes emailing, messaging, snap chatting and anything else you will try to claim you were doing instead of texting. Basically, you can’t manually type anything on your phone while driving.

Now, interestingly enough, the law makes clear that all of these prohibitions are while your car is moving. Meaning, if you are stopped waiting for a train to go by, you are free to text away. Crazy, I know. Not crazy in the sense that if you have a foot on the brake, you’re not really driving because the car is not moving. But crazy in that it’s an enormous change from the current DUI law where you can get a DUI if you are in the backseat taking a nap with the keys in your pocket and the car turned off. But I digress.

You can still operate your phone for navigation, receive weather and emergency reports and of course, talk on the phone (as long as you’re not in a school or construction zone where workers are present in which case you need to be hands-free). I hope you see where this is going. What a mess.

So now an officer is going to have to pull you over and listen to your excuses, I mean explanations of all the things you were doing on your phone that are legal to cover up the fact that you were just doing something illegal on your phone. And to make things more complicated, an officer cannot take your phone to see what you were doing without a warrant. You absolutely have the right to refuse to turn over your phone to a police officer who does not have a warrant.

So where does that leave us? Well on the positive side, anything that gets people to put their phone down while they are driving will no doubt save lives and countless accidents. I’m all for that. The other positive is that between now and January, the police will only be giving out warnings. However, that’s where the positives end.

Because now there is a law that allows the police to pull you over and accuse you of texting while driving without actually having proof that you were texting and driving. They will have to prove it in court, however. Sadly, there will be cases where the police use this new law as a pretext for pulling people over simply because they can. I’d love to think that in 2019, we don’t have police that would do things like that, but I watch the news enough to know better.

If you get pulled over after December, the fine will be $30 and a point will be put your license if you pay it the first time. If you’re caught again in the next 5 years, the fine goes up to $60 and 3 points will be put on your license. Obviously, before you do anything, you should give us a call at 866-374-8355. We’ve been helping Florida drivers avoid points and fines for over 25 years and handled over a million tickets. Just to be safe, reach out to us when you’re not driving.

police car red and blue lights

Nothing can ruin your day faster than seeing flashing blue lights pull up behind you.

You go through a range of emotions starting at disbelief (Is he pulling me over?) to shock (You can’t be serious?) to denial (I wasn’t doing anything wrong) to despair (This sucks) to anger (I’m fighting this with my traffic attorney) all in the time it takes you to pull to the side of the road and hand over your license.

All of those emotions are perfectly normal, but what many people are confused about is what to do when stopped by police. Because when the police pull you over, there is a certain protocol you should follow to ensure your safety and that of the officer.

Running out of your car screaming, “It wasn’t me, didn’t you see the other guy!” generally isn’t recommended. In fact, sudden movements are generally a big no-no, especially at night when there is less visibility.

What’s important to keep in mind is that the more comfortable you appear and you make the police officer feel the more likely you may get a reduced ticket, or no ticket at all.

Here’s a short list to teach you what to do when you are stopped by the police.

  • Slowly and safely pull over to the side of the road.
  • Stay in your vehicle unless instructed to get out.
  • Don’t make any sudden movements. Keep your hands in plain sight.
  • If you have any weapons in the car, it’s always better for the officer to hear it now, instead of discovering it after the car’s been searched.
  • Don’t unbuckle your seat belt. If you need to unbuckle it or move to get something out of the car, ask permission. (If you unbuckle it too early, you may get a ticket for not wearing a seat belt)
  • Last, and this is up to you, you may want to consider turning on your cell phone camera to record everything. I’m not sure what good it would serve, but if the officer testifies in court that you had a bad attitude, this may be used as evidence to the contrary.

Always remember to be polite and respectful. It never hurts and you just might find yourself getting lucky and not getting a ticket after all.

If you have a ticket and want to fight it with a Florida traffic ticket attorney, we’re always happy to give you a free consultation. Just call us at 866-374-8355.