This year, law makers in Tallahassee are convening on March 2nd for new legislation and the hot topic is anticipated to be a ban on texting while driving. The American Automobile Association (AAA) has announced that they will be lobbying hard for this public safety measure.
Consider some recent high-profile cases:
- Last April, a professional truck driver admitted to texting minutes before slamming his eighteen wheeler into a Florida school bus, killing a student onboard.
- A Boston transit worker, currently facing charges, was allegedly texting when the trolley he was driving rear-ended another another transit vehicle causing injuries to dozens of people;
- A conductor operating a Los Angeles commuter train was texting when he failed to observe a red light. His train collided head-on with a freight train, killing himself and 24 passengers. Another 135 people were injured;
Consider some other forces at work:
- The wireless trade industry association, CTIA reported recently that texting messages reached 110 billion by the end of 2008. This represented an increase of over eleven times when compared to the past three years;
- Recent research revealed that 1 in 5 U.S. drivers admitted to texting while driving at least once in the past 30 days;
- Multiple surveys of the general public reflect that 80 to 90 percent of Americans would support a law designed to ban texting while driving;
- Earlier this year, Oprah Winfrey aired a show entitled “Distracted to Death” which many people credit with “stoking the fire” of public support aimed at this new legislation.
Show Me the Money:
The Federal Government is working on legislation that will reward states with millions of dollars in financial incentives for enacting anti-texting bans. Eighteen states and the District of Columbia have already passed texting legislation. Two additional states have bans limited only to teens and other new drivers. Click here for a state-by-state chart on text messaging bans.
How Could This Affect Me?
Last May, our office wrote about a new Florida law designed to authorize law enforcement officers to stop your vehicle based solely on your failure to wear a seatbelt. See “Arrests Certain to Flow from Seatbelt Violations.” We warned that police officers would likely use their new power to stop vehicles in situations where they suspected the motorist might be engage in more serious illegal activities. In other words, the lack of probable cause necessary to lawfully stop the motorist under the 4th Amendment could now be overcome by the driver's failure to simply “buckle-up.”
You can count on proposed new Florida anti-texting legislation to carry the same enforcement provisions. In other words, if you are observed by a police officer to be texting on your phone while driving, this unlawful conduct will constitute a "primary offense" justifying the stop of your automobile.
Consider just a few scenarios where, but for the use of your cell phone, you might have escaped detection & avoided arrest:
1. You've had a few drinks at a local St. Petersburg bar, but you are being extra careful enroute home to avoid being stopped for a DUI. Despite your excellent driving, you are stopped by the police for text messaging at a traffic light. The odor of alcohol will undoubtedly lead to a DUI investigation involving field sobriety testing and your potential arrest.
2. Your driver's license is suspended for excessive points, and your regular ride suddenly calls and cancels. You fear losing your job, so you elect to drive to your workplace which is only a short drive to nearby Clearwater. Anticipating that you will be late in arriving, you send a quick text message to your employer that you are on your way. Unfortunately, your conduct is observed by a police officer who until stopping you, had no idea you were operating the vehicle with your driving privilege suspended or revoked.
3. You have an outstanding Pinellas county warrant that arose from your failure to appear in court or for a worthless check charge or possibly a violation of probation. You intend to surrender yourself later in that afternoon and use the services of a bail bondsman to post a surety bond. But first, you need to tie up some loose ends and withdraw some money from the bank. You are patiently waiting in line at the SunTrust drive-thru window and grab your I-phone to access the latest sport's scores. Unfortunately, a police officer sees you and approaches to remind you of the new law. It was only going to be a warning, but when he checks your identification, he learns of the outstanding warrant. Simply typing into your phone while behind the wheel was your undoing.
We Can Help
Whether you are cited for a traffic infraction related to texting while driving, or a more serious criminal case that arises out of the stop of your vehicle by law enforcement, we are St. Petersburg / Clearwater defense lawyers who can help. Our office represents people who have been charged with moving violations, felonies or misdemeanors, and Driving Under the Influence. We limit our practice to only Pinellas County cases. As a result, we have a "day in-day out" familiarity with both the judges and prosecutors in our local criminal courts.
Call our office for a free consultation at (727) 578-0303
The Law Offices of Russo & Russo, P.A.
Criminal Defense: www.defensehelp.com
DUI Defense: www.duistpetersburglawyer.com
Related Links:
Texting While Driving more Dangerous than Drink-Driving
U.S. Department of Transportation Website on Distracted Driving
FAQ Regarding a Pinellas County DUI
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