Texting and Driving is Illegal in Florida - And You Can Get a Ticket
We've seen the story play out before.
The next thing you know, you're getting a ticket for using your phone while you were driving.
The fines don't seem that expensive at first, but they add up quickly when you include other associated costs.
In some cases, using your phone while driving could lead to a reckless driving or careless driving charge.
Facing these charges makes things serious rather quickly. At Skubiak & Rivas, P.A., our Orlando texting and driving ticket attorneys have the skills and experience needed to protect your legal rights. If you or your loved one received a citation for texting and driving in Central Florida, please contact our law office for a free and confidential consultation.
Texting and Driving Citations in Florida
According to Florida Statute 316.305, texting and driving is now illegal. If you get a ticket for the offense, you may not realize that you have options. Simply paying your citation right away is not usually the best idea. It's up to the state of Florida to PROVE that you were using your cellphone in an illegal manner while driving - but it isn't always that easy.
The traffic ticket lawyers at Skubiak & Rivas, P.A. can help ensure you're treated fairly by the court. Perhaps you had a perfectly valid reason for using your phone.
Exceptions to Florida’s Texting and Driving Ban
As a starting point, it is vital to be aware of the limits of Florida’s texting and driving law.
Your conduct may fall within one of the state’s exceptions. If it does, then you should not get cited for texting and driving. Any ticket that filed against you becomes dismissed.
There are several other limitations to the texting ban. For example, the following exemptions have been carved out for drivers who are:
Further, the new law still allows drivers to use a wireless communications device to make phone calls while operating the vehicle. The law also does not apply when the vehicle is stationary.
If one of these factors applies, you're not guilty of the charge of texting and driving. Period.
The ticket against you becomes dismissed. Of course, not every texting while driving ticket is accurate: it's also possible that the officer was mistaken, and you weren't using your phone at all. If so, that ticket should also get rejected.
What are the Penalties for Texting and Driving in Florida?
Under Florida law, a first time texting and driving offense is subject to a $30 fine. A second time texting and driving offense is subject to a $60-$100 penalty. In both cases, the driver will also be required to pay any court costs.
It is of note that there are no points added to a driver’s license for the first-time texting offense. Yet, three points get added if a driver receives a second texting and driving offense within a five-year period.
Beyond direct penalties, drivers should also know that texting and driving is sometimes used as the basis to cite a motorist for careless driving or charge them with reckless driving. Most often, this happens after accidents.
If you were accused of texting and driving in Florida, and you are now facing a careless or reckless driving charge, you must consult with an experienced Orlando traffic defense lawyer right away.
How Our Orlando, FL Texting and Driving Lawyers Can Help
Do not pay a texting and driving ticket until you have consulted with an attorney. With more than 25 years serving drivers in Central Florida, our law firm has helped many people get points off their records, keep money in their pockets, and save their driver’s license. Among other things, our Orlando texting while driving defense attorneys will:
- Answer your questions and explain your options during a free consultation;
- Investigate your case—obtaining any relevant evidence; and
- Devise a legal strategy that will best protect your rights and your license.
We are committed to providing fully personalized legal representation to every client. Our Florida traffic defense lawyers will take the time to review your driving record and the allegations against you to determine the best way forward.
Reach Out to Our Traffic Ticket Lawyers for Help with Your Texting and Driving Ticket
At Skubiak & Rivas, P.A., our Florida traffic defense attorneys have decades of experience representing drivers in a wide range of cases. If you or your family member was ticketed for texting while driving, we are here to help.
Give us a call at 407-894-4449 today or reach out online. Consultations are free, and the more time we have to prepare your case, the better. From our office in Orlando, we serve communities throughout Central Florida, including Kissimmee, Sanford, Apopka, Altamonte Springs, and Lake Buena Vista.