The “Florida Ban on Texting While Driving Law” is set to go into effect on October 1, 2013 and has already come under criticism for being too weak, leaving a lot to be desired in the realm of enforcement.
Recently, Governor Rick Scott signed Florida’s first ban on texting and driving into law at Alonzo and Tracy Mourning Senior High School. Set to go into effect on October 1, 2013, the “Florida Ban on Texting While Driving Law” (SB 52) has already come under criticism for being too weak, leaving a lot to be desired in the realm of enforcement.
The new law makes texting while driving a secondary offense, which means drivers would have to be stopped by a police officer for another violation such as speeding or running a red light in order to be charged. Officers are also not allowed to require drivers to hand over their phone as proof that they had been texting.
The new texting a
nd driving law at a glance:
1. Texting while driving is a secondary offence.
2. First violation of the law is punishable as a non-moving violation with a first-time fine of $30 plus court costs.
3. A second violation within five years of the first violation carries a $60 fine and court costs.
If a driver’s violation of the texting and driving ban results in a crash, 6 points will be added to the offender’s driver license record. Two points will be added for unlawful use of a cell phone if they are guilty of a moving violation within a school safety zone. This is in addition to points for the moving violation.
Drivers can still use cell phones in moving vehicles under specific circumstances, including for navigational purposes, weather alerts, radio use, use of talk-to-text systems such as Siri on the iPhone, or reporting on criminal activity via text or email. Drivers may also use their cell phones while stopped in traffic or at a red light. The ban allows authorities to access phone records as proof in court that drivers were texting and driving only if the accident results in death or personal injury. If you have been injured or lost a loved one due to a texting while driving accident, you may need to speak with a Miami wrongful death attorney to learn more about your legal rights.
While enforcement may become an issue for police officers, Governor Scott has stated that it is an important first step toward reducing deaths related to texting while driving. But it’s a soft start, considering the U.S. Department of Transportation advocates a full on ban of texting and cell phone use behind the wheel; even hands-free cell phone use increases the crash risk four times; while texting increases crash risk eight times, according to the Driveithome Web site.
