Florida Law: Stop Texting and Driving

According to Florida Highway Safety and Motor Vehicles, there were 48,537 distracted driving accidents in Florida in 2020, which caused 2,756 serious bodily injuries and 308 fatalities. Distracted driving is the second-leading cause of crashes in Florida behind driving under the influence of alcohol or drugs.

While there are many different types of distracted driving, texting is the most dangerous because it involves taking your eyes off the road, letting go of the steering wheel, and thinking about things other than driving for longer than five seconds.

The Dangers of Texting and Driving

Texting and driving isn’t just a Florida problem. According to the National Highway Traffic Safety Administration, distracted driving claimed 3,142 lives in 2019 nationwide, with texting being the worst distraction. Sending or reading a text takes your eyes off the road for 5 seconds. At 55 mph, that’s like driving the length of an entire football field with your eyes closed.

That’s why 48 states, Washington D.C., Puerto Rico, Guam, and the U.S. Virgin Islands ban text messaging for all drivers and Missouri bans it for drivers aged 21 and under. In addition, 24 states, Washington D.C., Puerto Rico, Guam, and the U.S. Virgin Islands prohibit all drivers from using hand-held cell phones while driving and 36 states and D.C. ban all cell phone use by novice or teen drivers.

Gov. Ron DeSantis signed a bill that would make texting while driving a “primary offense.” It officially took effect on July 1^st, 2019. What does that mean for motorists? Here’s everything you need to know about how the law aims to stop texting and driving.

Florida Law Aim to Stop Texting and Driving

You no longer have to be committing another offense, such as speeding or running a red light, to get a ticket for texting and driving. Under a 2019 law, texting while driving became a primary offense, meaning Florida drivers can be pulled over and ticketed simply for using their cell phones to text, email, or do any other activity that involves physically “typing or entering… letters, numbers, symbols, or other characters into a wireless device” while driving. The law also bans drivers from using their cell phones to “read” any data on their mobile devices.

‘Primary Offense’

On July 1^st, 2019, texting while driving was classified as a primary offense. Before, officers couldn’t pull over a driver just for texting and driving. The driver had to be committing another offense as well, such as speeding or running a red light.

Now, the bill makes it possible for police officers to stop drivers solely for using a phone while driving — not just texting. This includes emailing and any other forms of typing on a mobile device.

Penalties

Until Jan. 1, 2020, texting while driving was primarily enforced through warnings for drivers to have the chance to get accustomed to the new law. Now, the penalties for using a phone while driving are as follows:

• First violation: $30 minimum fine, plus associated court costs and fees.
• Second violation within 5 years: Upgrade to a moving violation. $60 minimum fine, plus associated court costs and fees.
• All violations: 3 points added to your record.

Enforcement

While the law seeks to impose stricter penalties against drivers who use their phones behind the wheel, there are some exceptions. Texting at a stoplight or while a vehicle is stationary is not a ticketable offense. Additionally, emergency personnel and people reporting an emergency or criminal activity are exempted.

Using a hands-free device and using your phone for navigation or other safety-related notices, like weather and traffic alerts, is also acceptable.

While the law aims to stop texting and driving, it doesn’t come without challenges. Often, police officers have to see the violation while they are driving, which can make it difficult to enforce. Critics of the law might argue that it makes people of color easier for police to target. However, there is a degree of accountability. Since February 2020, officers have been required to record the race and ethnicity of drivers cited for the violation.

Exceptions

While the law seeks to impose stricter penalties against drivers who use their phones behind the wheel, there are some exceptions. Texting at a stoplight or while a vehicle is stationary is not a ticketable offense. Additionally, emergency personnel and people reporting an emergency or criminal activity are exempted.

Using a hands-free device and using your phone for navigation or other safety-related notices, like weather and traffic alerts, is also acceptable.

Other Regulations

The texting-while-driving law includes another caveat worth noting – it more broadly bans any use of a mobile device while driving through a school or work zone.

Lasting Impacts

Know your rights. If you get pulled over, remember the law hopes to stop texting and driving, thus making the roads safer for everybody. You are not required to show or surrender your device without a warrant, which isn’t usually available during a routine traffic stop.

The best thing to do when driving is to err on the side of caution. Don’t text and drive just because you think you’re not at risk of getting caught. Your choices will catch up to you eventually, whether through an accident or a ticket.

If you do get involved in a car accident, whether it’s your fault or not, it’s important to seek treatment for your injuries. Make an appointment at one of County Line Chiropractic’s six convenient locations across South Florida by clicking here or calling (800) 811-1231 and take the first step toward recovery. We also accept walk-ins.