New Florida Law Prohibits Texting and Driving

Brendan Farrington, Associated Press Published 2:21 p.m. ET May 17, 2019

TALLAHASSEE, Fla. (AP) — Florida will become one of the last states to make texting alking on the phone while driving. Texting and drivingwhile driving a primary traffic offense under a bill signed by Republican Gov. Ron DeSantis on Friday.

The new law will also ban the use of any handheld wireless communications devices in school and construction zones.

Under current law, officers can only cite drivers for texting if they are pulled over for another violation. The new law allows officers to stop motorists simply for texting alone. DeSantis signed the bill at a Sarasota high school.

“Studies have shown that texting while driving is one of the worst of all driving distractions and a recent study ranked Florida as the second worst state for distracted driving,” DeSantis said. “It’s my hope that by taking action to address distracted drivers today, that we will be able to make our roads safer and hopefully prevent some of these crashes that we’ve seen, injuries and, unfortunately, some of the deaths that we’ve seen.”

DeSantis said that in 2016, Florida had nearly 50,000 accidents caused by distracted driving resulting in 233 deaths.

“It is almost impossible to enforce texting while driving as a secondary offense,” said Manatee County Sheriff Rick Wells. “Making texting while driving a primary offense will allow law enforcement to enforce the law and to save a lot of lives.” A first offense will be punishable by a $30 fine, with a second costing $60. Court costs and fees also would apply, and points will be added to licenses. The law takes effect July 1, but only warnings will be given until January, when officers can begin writing citations.

The texting ban does not apply to a driver using a navigation device or system or to a driver whose vehicle is stationary.

Florida was among a handful of states that didn’t make texting while driving a primary offense, leaving South Dakota, Ohio, and Nebraska as the only states that make texting while driving a secondary offense. Missouri bans texting for drivers younger than 21. Montana has no ban on texting while driving.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

 

Restraining Order

You hear a lot on TV about people getting a restraining order against another person if Defense attorneythey are afraid of violence.

Do you have to have evidence to get a restraining order?

Getting a restraining order is similar to most other court processes. It involves filling out and filing some paperwork, going to a hearing, and then waiting for a judge to reach a decision. The key is proving to a judge that you need a restraining order. That judge is going to be looking for some specific facts.

For What Reasons Can You Get a Restraining Order?

•Physical Violence. The court may enter a restraining order when you can prove actual recent or threatened violence against you or your children such that you fear for your or their safety. …
•Psychological Abuse. …
•Depletion of Assets. …
•Patent and Trademark Infringement. …

Can you get a restraining order against someone harassing you?

If you’ve been harassed by a stranger or someone else in the community, you can take action against them under the Harassment Act 1997. You can apply to the District Court for a restraining order against the harasser, and in the most serious cases you can go to the police.

What do you have to do to get a restraining order?

Filing a Restraining Order

1.Obtain the proper forms. You need to visit the courthouse in your county. …
2.Get a lawyer involved. …
3.Complete the forms. …
4.Receive a court hearing. …
5.Serve the court order to the abuser. …
6.Attend the court hearing. …
7.Receive the judge’s decision

Can someone put a restraining order on you for no reason?

No. there must exist a genuine reason or credible threat from the person against whom the restraining order has to be requested from the judge. … There is usually an incident which alarms a person enough, that they feel they need a restraining order.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.