Do you ever drive through school zones or construction zones? If so, you better be aware of the new law. The law allows drivers to talk on handheld devices, but starting Oct. 1, it will be illegal to use a handheld device in a school zone or construction zone while workers are present. It will still be legal to use hands-free technology such as Bluetooth under these conditions.

How much texting while driving is still allowed?

None. You cannot text while driving. You cannot email while driving. You cannot do anything that involves “manually typing or entering multiple letters, numbers, symbols or other characters into a wireless communications device or while sending or reading data on such a device for the purpose of nonvoice interpersonal communication,” to quote the law. That includes not just texting, but also email, instant message, anything covered by the definition.

Can I text while stopped at a red light?

If you must. Per the law, “a motor vehicle that is stationary is not being operated and is not subject to the prohibition.” So, you can theoretically text at a stop light or while stuck in traffic. But if you try to finish that text as you start moving, you’re breaking the law.

Can I still use Google maps or other navigation apps?

Yes. The law includes exceptions for vehicle navigation, as well as data that is read by the vehicle, radio broadcasts and safety-related information such as weather and emergency alerts.

Can I still talk on the phone?

Yes — for the most part. The law allows drivers to talk on handheld devices, but starting Oct. 1, it will be illegal to use a handheld device in a school zone or construction zone while workers are present. It will still be legal to use hands-free technology such as Bluetooth under these conditions.

How much is the fine for violating the law?

$30 and a point off your license the first time. $60 and three points if you’re caught again within five years.

Can police take my phone to check if I’ve been texting?

No. The law specifically prohibits police who pull drivers over for texting from taking their phones without a warrant. It also prevents police from holding onto a driver’s phone while waiting for a warrant. Additionally, it bans police from tricking or coercing drivers into handing over their phones. And police have to inform drivers that they can decline a search. As the law states, consent for a police officer to search a phone must be “voluntary and unequivocal.”

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.