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Long, Jean & Wechsler, P.A.

Long, Jean & Wechsler, P.A.

Personal Injury Attorneys in Pompano Beach Florida

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  • Home
  • Areas of Practice
    • Personal Injury Lawyers in Florida
      • Animal Attack Lawyer
      • Boating Accident Lawyer
      • Car Accident Lawyer
      • Elder Care and Nursing Home Neglect
      • Medical Malpractice Lawyers
      • Motorcycle Accidents
      • Product Liability / Mass Torts
      • Slip & Fall / Premises Liability
      • Sovereign Immunity in Pompano Beach
      • Workers’ Compensation
      • Wrongful Death
  • Legal Team
    • Lyle R. Long, Esq.
    • Alex Jean, Esq.
    • Ryan Wechsler, Esq.
    • Len Blumenthal, Esq
  • Case Results
  • Testimonials
  • Blog
  • Contact Our Personal Injury Law Firm in Pompano Beach, Florida

Pompano Beach Ban on Texting While Driving Law | Statute 316.305

You are here: Home / Pompano Beach & Florida Specific Laws / Pompano Beach Ban on Texting While Driving Law | Statute 316.305
florida texting while driving law

The era of answering texts, emails, and everything in between on your phone while driving in Florida is coming to an end. Starting on July 1, 2019, the ban on texting while driving is going into effect to change the way Floridians use their phones on the road. Until now, Florida was one of five states where police couldn’t pull over a driver specifically for texting while driving. Florida has high numbers for distracted driving crashes, which often result in deaths.

To make Florida roads more secure for drivers, pedestrians, bicyclists, and other road users, the Florida ban on texting while driving is finally coming into full effect.

Florida’s Ban on Texting While Driving 2019 Updates

Statute 316.305 originally came into effect back in 2018, allowing authorities to cite texting while driving as a secondary offense. This meant that only after another primary offense, such as speeding, could an officer add a violation for distracted driving if he or she could prove this was the case.

With the latest update to the law, authorities are now allowed to consider texting while driving a primary offense, which means they can pull over anyone who they see committing such an act.

Ban on Texting While Driving Law Explained

Florida’s newest law is officially known as the wireless communications devices prohibition, as outlined in the Florida Statute 316.305. The law aims to improve roadway safety for everyone, prevent crashes related to distracted driving, and reduce injuries, deaths, property damage, and even automobile insurance rates due to motor vehicle crashes.

According to the law, a person may not operate a vehicle while manually typing or entering letters, numbers, or symbols into a wireless communication device. Forms of non-voice interpersonal communication include, but is not limited to, texting, emailing, and instant messaging.

From July 1, the law will instantly allow authorities to stop anyone that’s texting while driving, as the act has been given a primary offense. However, the law also changes the way people are allowed to talk on the phone while driving. From October 1 until December 31, authorities must issue a warning when a driver is talking on the phone in a school zone or construction zone. After this warning period, authorities will have the power to issue tickets starting January 1, 2020.

Under the new law, a texting while driving violation would result in different offenses:

First Offense: will result in a base fine of $30, not including additional court costs or other fees associated with the violation. At this point, no points will be assessed against your license.

Second Offense: must happen within five years from the first violation, will result in a base fine of $60, not including other costs associated with the citation. Here, three points will be assessed against your license.

Other Offenses: If a driver is found not using a free-hands device in school zones or work zones, the moving violation will be a base fine of $60, not including other costs and fees. This will also result in three points assessed against your driver’s license.

Commonly Asked Questions about the New Law

With the law being so new, many drivers have questions about exactly what’s covered under the statute. Here are some of the most common questions asked about the latest update.

Can people text while stopped at a red light?

Not necessarily. According to the law, a stationary motor vehicle is not in operation, which means it’s not subject to the prohibition. So, theoretically, you could text while at a stoplight. However, once your vehicle starts moving, you’ll be breaking the law.

What about using navigation apps?

The law does include exceptions for vehicle navigation. It also excludes data read by the vehicle, radio broadcasts, and safety-related information such as emergency or weather alerts.

Can you still talk on the phone?

For the most part – yes. The law still allows drivers to talk on handheld devices. However, starting October 1, it will be considered illegal to use a handheld device in school and construction zones while workers are present. Under these conditions, drivers must use hands-free technology to prevent getting pulled over.

Can police take your phone to prove you’ve been texting?

No. The law prohibits police officers who pull drivers over for texting from taking their phones without a warrant. It also bans police from coercing drivers into handing over their phones. Police officers are also required to inform drivers they can decline a search. The law states explicitly that consent for a police officer to search a phone must be voluntary and unequivocal. Otherwise, the officer can request a warrant to check your phone later on.

Can I Fight These Fines?

If you’re pulled over for texting while driving, it’s important to know there are some exceptions to the law that include motor vehicle operators who are:

• Reporting an emergency and criminal or suspicious activity to law enforcement

• Operating an autonomous vehicle in autonomous mode

• Receiving messages related to navigation of the car, safety-related information, or data used primarily by the motor vehicle

If you or someone you know has been pulled over for texting while driving, now there are ways to work around these citations. Speak to a lawyer that understands the ins and outs of Florida laws to help you navigate these fines that can harm your life in the future.

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1937 E. Atlantic Blvd. Suite 205
Pompano Beach, FL 33060


Phone & Fax:

P: 954-597-6770
F: 954-691-3906


Email:

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Long, Jean & Wechsler, P.A.
Long, Jean & Wechsler, P.A.
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arletty fernandezarletty fernandez
21:24 13 Nov 22
Ryan and Helen were very thorough and diligent with my case. This was my first time having to hire for this type of service and am honestly thrilled to have been referred to such a diligent, efficient and caring team. They made sure to stay in touch and keep me updated all throughout my case. HIGHLY RECOMMEND. Thank you all for your excellent care.
Florane FleurinorFlorane Fleurinor
14:52 03 Oct 22
Very good, professional and responsible lawyer. His office was in contact with me every time they had new information. Step by step Mr. Alex Jean would explain to me what is going on with my case. I didn’t have to wait for years for results. So far from what I hear from other people about their cases Mr. Alex Jean is the best. And I will reference my family and friends you and thank you so much
alexis Johnsonalexis Johnson
20:35 13 Sep 22
Ryan Wechsler is by far one of the best lawyers around. He gave me the assurance that everything was going to be okay. He is a very professional, respectful, knowledgeable, enthusiastic, and an honest lawyer. His entire team (Daniela & Helen) was amazing. Very pleasant and kept me up to date every step of the way during my case. Ryan fought hard for me! I’m very thankful for all of his hard work and everyone at Long, Jean & Wechsler. If you’re ever in need of a great legal team give them a call.
Saif PowerSaif Power
14:59 30 Aug 22
Lyle was a pleasure to work with, he delivered on his promises. He was very prompt with his responses and very helpful when we first touched base. I’d definitely take him again on any relevant case.
Luiz CentLuiz Cent
02:15 13 Jul 22
I hired Alex Jean for a personal injury case and little did I know I was going to get world class treatment.I was referred to the best Chiropractors in Miami and then when I moved to St.Pete the LJW team had great connections there too.My Tesla is as good as new, my back is recovering and not to mention the settlement from the insurance. If I didn’t hire them I’d still be trying to recover money from insurance to fix my car.⭐️⭐️⭐️⭐️⭐️ If you need a personal injury attorney I 100% recommend Alex Jean and the team at LJW.
Princess Maryam Abdul-AkbarPrincess Maryam Abdul-Akbar
16:29 07 Jul 22
Ryan Wechsler is an excellent attorney. He worked tirelessly on my case, which was a difficult one to begin with. When other attorneys were given me issues to take my case, he was the only one that was reassuring and determine to seek justice for me. I completely trusted his counsel. Had it not been for Mr. Wechsler I would have accumulated a lot of debt. I am forever grateful that he accepted my case.
Angelina AkkadAngelina Akkad
12:47 30 Jun 22
Ryan and the team are absolute rock stars! I got a recommendation from a good friend to use them, and I was not disappointed. They solved my issue with one strong letter and avoided a bad situation and lots of time and $$$ saved. I will definitely be using them again if the need ever arises.
Micheca AristildeMicheca Aristilde
19:46 08 Jun 22
Very good firm. I had an unusual case. A crane dropped on my car the week of Christmas. Considering the fact my accident occurred during the holiday season, Lyle and his paralegal, Helen, ensured that I received treatment the same day, got a rental, and even settled my case in less than 6 months.They were extremely polite, communicative, and on top of everything. I highly recommend reaching out to them for great legal representation.
GatorGator
19:20 08 Jun 22
Worked with Ryan and he helped me navigate the process of our law suit. Was in great communication throughout the process. 5 stars
Patrícia OsorioPatrícia Osorio
02:16 08 Jun 22
We had a great experience with Lyle and their team. The communication worked great, they had the patience to explain all the details to us and were responsive to our questions. We got a great settlement.
Perry CrawfordPerry Crawford
18:55 15 Apr 22
Lyle and his law group conducted themselves professionally and were very caring and concerned about my injury. My recovery was foremost on their minds.He fought for me relentlessly and got me what I truly deserved. His confidence and tenacity won the case decisively.Thanks Lyle.
Andrea ChlimperAndrea Chlimper
17:18 15 Apr 22
I highly recommend Lyle Long and his firm. Additional to a very very good settlement amount, Lyle and his staff were a pleasure to work with. Lyle walked me through the entire process from the moment I contacted him regarding my automobile accident. They were excellent with communication, returning my calls/emails and keeping me informed with updates and progress. Unfortunately, this is my 2nd time hiring his firm. My first experience was that positive that I never thought about hiring another firm to handle my legal matter.
TT
20:04 28 Mar 22
I highly recommend using this law firm. They’re super friendly, super helpful and very very professional. They had everything under control and dotted all the i’s and crossed all the t’s. I couldn’t be more happy with there service!!!
Viral-_-buildzViral-_-buildz
18:44 01 Feb 22
I got Into an accident 8/13/2021. A friend of mine told me to contact Ryan, I reached out to him the day after my accident ( which happened to be a weekend day ) and he immediately got right on the case. He was very helpful and I was literally able to reach out to him by phone or text any day and any time. He is always available. He set me up for all of my medical treatment and made sure I understood the whole entire process. He’s a great lawyer and is really on your side. My case was resolved in 4 months and my settlement was way more than I expected. I couldn’t be more thankful for him and his staff. They are excellent.Thank you Ryan,Latia J
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