Attorney Christian A. Straile, LLC
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Texting and driving still legal in Florida but beware

Texting and driving is not a direct violation of the law in Florida. However, I have had several prosecutors argue to me that texting was, could be or should be considered reckless driving per se. This all may change with the introduction of senate bill 2013-0052.

This bill would make texting and driving a moving violation punishable by points, presumably with a driving school option and increased points if it leads to a crash. While I believe you should pay attention while driving, on of my problems with this bill is that, as many texting while driving bills has several exceptions.

These exceptions include all law enforcement, fire, or medical emergency vehicle operators while performing duties. Remember your government can do it but not you. Also, navigation devices, such as your phone, sending or reporting emergency information to law enforcement, receiving "safety-related information, including emergency, traffic or weather alerts". So it is okay if you are checking the weather app or traffic app. Another exception to the texting while driving bill are activation or deactivation of a function etc. So the exceptions eat the rule.

My big problem with the texting while driving bill is section 3(c). It states that your billing records are admissible. If this bill does become law, I will use the lack of your billing statements in evidence as a reason to dismiss the citation. However, the big brother aspect is chilling. Imagine every time you get a traffic ticket for this, an officer will be able to subpoena your cell phone bills! Wow, hello big brother.

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Attorney Christian A. Straile, LLC
352.371.9141 Gainesville
352.694.4529 ocala