Kemp & Ruge Law Group: texting while driving

Wednesday, 29 May 2013

Texting While Driving Ban Becomes Law

It may have taken six years, but it’s official, Florida is now the 40^th state to pass some sort of texting while driving ban. The ban passed into law yesterday, May 28^th, 2013 when Governor Scott signed the bill in Miami. Last month, our Kemp & Ruge Law Group blog discussed the details of the bill, the potential roadblocks it might have to passage and its many pros and cons. Come October 1, 2013, the new law will be enacted, so let’s take a look at what it will entail, and how the new law has been received.

First off, the texting while driving ban is a misnomer at best. There are several exceptions built into the law, but before we address them, let’s focus on what the law will penalize. If the driver is texting while his or her vehicle is in motion, AND the driver is committing another traffic violation (like speeding) then the police may issue the driver a ticket for violating the new law. The fine starts at $30 for the first offense, but then jumps to $60 for the second offense, provided the second offense occurred within 5 years of the initial offense.

In addition to the relatively small fine, the new law only bans texting by the driver while the car is moving. Therefore, the driver can still text at red lights, stop signs, and if they pull off to the side of the road, they can text there, as well. In addition, the driver can still talk on his phone while driving at all times, and passengers are not subjected to putting their phone down at all. So considering that the fine is a secondary one (can only be issued in conjunction with a primary offense like speeding) and the fine is a relatively low amount (even for the teen demographic the law is aimed at) should supporters of banning texting while driving have any reason to smile about what just passed?

The answer is yes. For most supporters of the ban, they are not viewing this as the end of the fight against texting while driving, but rather a first step, and an incredibly important one at that. Michele Harris with AAA Auto Club Group Tampa knows that Florida lags behind other states that have banned all cell phone usage in the car. While she would like to see Florida toughen up to our fellow states’ standards, she has stated that AAA Auto Club Group of Tampa will support any effort to make our roads safer.

In addition to Ms. Harris, Steve Augello of Spring Hill is not the least bit deterred by the relatively weak provisions of the bill. He started his work on this ban about five years ago after his teenage daughter was killed in a car accident that was believed to be related to texting while driving. He has traveled to Tallahassee repetitively to meet with legislators, lobbyist, and deliver speeches in effort to save lives. Though he is happy with the progress made so far, he has vowed “my job’s not done. I’ll be back in Tallahassee next year to fight for a stronger law.”

Wednesday, 17 April 2013

Changes To Texting While Driving

Whether we have been in an automobile accident as a result of texting while driving, know someone who has been in one, or have just had the pleasure of waiting 10 seconds at a green light for someone to finish their “lol,” reply, texting while driving is an ever increasing danger to Florida motorists, passengers, and pedestrians alike. So what is being done to confront this problem? Well, the Kemp & Ruge Law group has all the up-to-date information on what the Florida Legislature has done, is trying to do, and the predictions of a few industry specialists.

While there have been times our Sunshine State has been a trailblazer for other states to follow, this is not one of those times. According to the Insurance Institute for Highway Safety, Florida is one of only eleven states that does NOT have a texting while driving ban. Up to this point, thirty nine other legislatures and the District of Columbia have attempted to address this issue, and yesterday, Florida’s legislature finally did as well.

Led by Senator, Nancy Detert, a longtime advocate for banning texting while driving finally got her proposal passed after fighting for it for five years. Oddly enough, in a time where few political battles are ever universally agreed upon, this proposal passed unanimously (36-0) by the full Senate. Considering this ringing endorsement, and a large number of public opinion polls coming out in favor of banning texting while driving, it is very likely this bill will pass. So, let’s take an early look at what the proposal entails and does not entail.

The proposal is reminiscent of the old seat belt laws Florida had until 2009. Essentially, like the old seat belt laws, texting while driving will only be a secondary offense; this means that a driver would have to be doing something else wrong (like speeding) to get a ticket for texting while driving. However, even as a secondary offense, considering how many people swerve or drive in some other careless way while texting and driving, the secondary offense stipulation should still result in a number of tickets.

Though the proposal passed unanimously, there have been certain detractors outside the Senate. They have pointed out a few potential problems with the proposal. First, the fine is only $30.00, and $30.00 is just not enough to change someone’s behavior. However, the fine increases to $60.00 and will add three points to someone’s license if a second offense occurs within five years of the first. Second, the proposal only bans texting while driving (or, in other words, when the car is in motion), it does not ban texting while stopped at a red light or while pulled off the road. Thus, there is still a heavy temptation to continue texting after the light turns green. Finally, there are reports that bans in other states have not worked. Rather than give up texting while driving, people are just texting with their phones completely out of view in their lap. This unintended consequence is arguably more dangerous and could be causing more accidents.

As the proposal makes its way through the House, we will keep you posted on its progress and if any changes will be made. Also, if you are free April 27, 2013 join Kemp & Ruge Law Group at the Verizon Event Center in New Port Richey. We will be sponsoring, Put It Down, an event aimed at educated our youth on the danger of driving distracted. There will food, fun, and drawings. Click here to see the flyer for more details. Let us know in the comments if you will be able to make it or not.

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