Many Tampa Traffic Ticket Attorneys have received many questions in the past weeks about the new Florida ba
n on texting while driving codified by Florida Statute §316.305. This Statue went into effect across Florida on October 1, 2013. While I haven’t seen any Tampa Traffic Ticket Attorneys handling any of these tickets yet, I imagine we will soon be dealing with them in some regards. I believe at this point, local law enforcement isn’t quite sure how to enforce the Statute. As we always recommend, it is important to break the Statute down segment by segment.
First, the Statute bans any person from operating a motor vehicle while basically reading or submitting data on any sort of machine intended to send or receive letters, numbers or symbols. It is worth noting the Statute specifically mentions texting, e-mailing and instant messaging. As a Tampa Traffic Ticket Attorney, my primary concern with the Statute is going to be situations where individuals were not sending or reading information and simply were holding the machine. I am anxious for this situation to arise and see how Florida’s appellate courts will interpret the Statute. There is no doubt that eventually an individual will be arrested for simply holding their phone in their hand, the arresting officer will accuse the individual of texting, while the driver will say they were simply holding the phone and it will come down to the ability of a Tampa Traffic Ticket Attorney to assist them in their defense. I would strongly recommend individuals in this situation quickly retain a Tampa Traffic Ticket Attorney and get their cell phone bill to demonstrate the data usage on their phone. It is also worth noting the Statute specifically states that a vehicle is not being operated if it is stationary and not subject to the texting ban.
Secondly, the Statute provides for specific exceptions to the Statute including law enforcement in their official duties, individuals reporting emergencies or suspicious activities to law enforcement and/or receiving messages related to the operation/navigation of the vehicle, safety-related information, data primarily used by the vehicle and/or radio broadcasts. One potential issue that will likely arise for Tampa Traffic Ticket Attorneys under the Statute is the use of Google maps and other navigational apps for smartphones, where one both technically inputs information expecting responsive information, which initially would appear to constitute texting, which is banned under the Statute, but it also can be considered operation/navigation which is excluded under the Statute. Again, the critical portion of this Statute focuses on the portion relating to “receiving” messages. The Statute also provides exceptions for navigation devices. Interestingly enough, the Statute provides an exception for individuals “operating an autonomous vehicle.” First and foremost, if you know someone with an autonomous vehicle, please let us know because I am totally unfamiliar with such a thing that routinely operates on Florida’s roads. An autonomous vehicle will raise all sorts of issues for a Tampa Traffic Ticket Attorney with other rules and regulations. It also has a catchall for oral telephone conversations under a section regarding having to read messages/symbols to activate or deactivate a function. For years law enforcement and public marketing campaigns have been encouraging individuals to invest in hands free technology for their telephones, it appears the Legislature did not really see the need to include this provision and limitation.
Thirdly, this law permits the admission of one’s billing records or testimony regarding same to be admissible to determine whether a violation of this Statute has occurred in cases involving death or personal injury. Given the amount of resources this would likely require, we do not anticipate this will occur unless the personal injury is somewhat serious. A Tampa Traffic Ticket Attorney may be able to use your billing records in your defense though in other situations.
Lastly, a violation of the Statute amounts to a noncriminal traffic infraction, punishable as a nonmoving violation. For a second or subsequent violation within five (5) years of the first conviction, the punishment will be punished as a moving violation. Obviously, the intent of the Statute is to prevent individuals from violating the Statute multiple times. In light of the escalating fines, it is important to retain a Tampa Traffic Ticket Attorney early to aggressively fight the charges for you to avoid higher fines later.
If you have any further questions concerning the Texting While Driving Ban, please do not hesitate contact our office for a free case consultation with one of our Tampa Traffic Ticket Attorneys. Thanks for checking out our blog, we appreciate your time. If you are interested in a free case review, use the “contact us now” tab in the upper right hand corner of our website.