We recently blogged about tips to help avoid distracted driving. The potential for car accidents while texting and driving is certainly a hot button issue. So hot that the state of Florida is considering joining 45 other states 
nationwide that place a ban or restriction on this very activity.
This past Tuesday, Florida lawmakers proposed Senate Bill 52. The Bill would make texting while driving a secondary offense in Florida. Rather than an all-out ban (like 37 states have), making texting while driving a secondary offense in Florida would mean the police officers would be able to issue a ticket IF the driver was being pulled over for a different offense. Put differently, a police officer could not pull a driver over and issue a ticket simply because the driver was texting. But if the officer was already pulling the driver over for another offense (i.e. speeding, running a stop sign, etc) then the officer could also issue a ticket for texting in addition to the initial offense. The texting fine would be $30. If texting while driving were ever to become a primary law then the police would be able to pull drivers over and issue a ticket simply because he or she was breaking the law by texting and driving.
Senate Bill 52 represents the fourth attempt by the state of Florida to pass a bill limiting texting while driving.
WINK News Now reports on the limited effectiveness other states have seen with a secondary texting and driving law. “Statistics show the law hasn’t helped curb the problem…Primary law seems to be working in New York where the penalty is a $150 fine and two points on your driving record.”
The purpose behind limiting cell phone use or banning it all together when driving is fairly obvious—limit the distraction it provides when driving. Sending and receiving texts is one of the most popular ways people communicate these days. However, even a quick text telling your friend you are on your way may take your eyes off the road for just long enough to cause an accident. Often times, creating a secondary offense is the state’s way of testing out the effectiveness of the law and ultimately determines whether a primary offense is more appropriate.
Senate Bill 52 is set for initial committee meetings starting December 3. Given the previous failed attempts at similar legislation it will be interesting to see if the fourth time is a charm for the state. Even if the legislation is passed, Florida drivers would still be able to use maps on their cell phones and hands free devices to communicate.
Police are always looking for reasons to pull you over. If you have recently received a traffic ticket of any kinds, give the attorneys at Finebloom & Haenel a call for a free consultation before you pay your ticket. We will let you know your options based on the type of ticket you received and the facts of your case. We look forward to hearing from you today!
