Texting While Driving
By Doug Dorner, Esq.
While it should be noted that you should never text and drive, below is an assessment of current Florida law and the proposed changes that could affect you if you choose to do so.
First, texting while driving is currently codified under Florida Statute 316.305 “Wireless communications devices; prohibition”. Under the current Statute, “a person may not operate a motor vehicle while manually typing or entering multiple letters, numbers, symbols, or other characters into a wireless communications device or while sending or reading data on such a device for the purpose of nonvoice interpersonal communication…” This does not preclude the use of voice command texting or phone communications through your vehicles phone sync system.
The statute also provides that texting while driving is a “secondary offense”. This means that law enforcement cannot stop you solely on the fact that you are violating this statute. Law enforcement would have to stop you for something else such as speeding or failure to follow a traffic control device.
There are potential changes to this law that the Florida Legislature is currently considering.
If these changes go into effect, texting while driving would become a “primary offense” allowing law enforcement to stop you solely for violating the texting statute. While this seems like a good idea, it creates additional issues related to enforcement. Some are concerned that it could be used for profiling certain “stops” without additional cause.
If passed, the new law would provide warnings to violators from October 1, 2019 until the end of the year. From that date, citations would be issued.
The easiest way to avoid this potential violation, drivers should look to see if their vehicle allows phone synchronization to allow hands free dialing, talking, texting (both sending and receiving), and mapping. If your vehicle does not have these features, there are several aftermarket devices that can be purchased to utilize your vehicles stereo system as a wireless option.
At the end of the day, these laws are meant to help reduce distracted driving. Keep yourself from being distracted but also keep yourself free of law enforcement interaction by thinking ahead.
Doug Dorner, Esq.
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