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Florida's Limited Text Ban And Cell Phone Usage

 In October, 2013, Florida enacted a limited ban on text messaging while driving. The law poses no limitations on cell phone use, however.

The law states:

"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 in such a device for the purpose of non-voice interpersonal communication, including, but not limited to, communication methods known as texting, e-mailing, and instant messaging."

In other words, drivers in Florida can't type into a virtual keyboard, or send or read messages. Keep in mind that even if a driver does manually enter information into a wireless device, that will not by itself result in arrest. A driver can only be charged for violation if arrested for another motor vehicle violation (see below).

How is it Enforced?

Florida's texting law is considered a "secondary law." A secondary law refers to the fact that an officer can only pull you over and issue a ticket if the officer has witnessed some other violation – for example, you ran a stop light while texting. A police officer cannot simply pull you over for texting while driving. Violation of the law is punished as a non-moving violation and if a crash occurs because of a moving violation and texting, the driver will be penalized six points.

Attorney Jason Weisser of Shuler, Halvorson, Weisser, Zoeller and Overbeck comments cell phone and texting rules:   “Distracted driving is a major issue on our roads today and the use of Smart Phones while moving is still causing too many accidents.  Please stop.   If you have been involved in an accident and want to know what your legal rights are, please contact my office for a free consultation”.

Jason Weisser is a personal injury attorney specializing in all types auto and motorcycle accidents.  For more information and to find out what rights you have contact him at Shuler, Halvorson, Weisser, Zoeller and Overbeck.  He is Board Certified by the Florida Bar as a Civil Trial Lawyer.  Mr. Weisser is actively involved in Civil Trial Litigation specializing in wrongful death from Traffic Accidents.  He also is an expert on Medical Malpractice, Class Action litigation, Trucking Accidents, Maritime Actions, Products Liability, Consumer Law and Motor Vehicle Accidents. https://www.shw-law.com/attorneys/jason-d-weisser/