ASK FRED |

If you
see someone texting on a cell phone while driving
they are committing an offense under Florida law.
Question:
My question isn’t exactly about my profession, but
something I’ve been wondering about since I spend
a lot of time in my car during my week day.
I’m
pretty sure that it’s legal to talk on my cell
phone while I’m driving, but I see people texting
while driving. Isn’t that illegal in
Florida?
Answer:
You’re right, you may talk on a cell phone while
driving in Florida and there are no prohibitions
against using a cell while driving for the purpose
of a phone call.
You’re
also correct that a person may not text while
driving, and may not email or use instant message
either. Pursuant to section 316.305(3)(a),
F.S., a person may not operate a motor
vehicle while 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 non-voice interpersonal communication,
including, but not limited to, communication
methods known as texting, e-mailing, and instant
messaging. The statute is referred to as the
“Florida Ban on Texting While Driving Law.”
Click
on the link to read the entire
statute.
Thanks
for asking, Fred Gray
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THAT CALL CAN
WAIT As a real estate professional, it’s likely
you spend a pretty fair amount of time in your
vehicle, which may mean you also spend a fair
amount of time on your cell phone. For
professionals who are frequently away from an
office, cars often become the office and let’s
face it, it’s the office where we make and return
phone calls. Since talking on your cell
phone while driving is legal in Florida, The
Florida Highway Patrol offers tips for driving
safely when using a cell. The Florida
Highway Patrol encourages drivers to avoid
receiving a traffic citation by following a few
safety tips. Drivers in Florida may receive
a citation for being a distracted driver, so if
you’re a driver who has a hard time staying
focused on the roadway and circumstances around
you, then perhaps you shouldn’t make that call
while in motion. Wait and pull off of the
road and to a safe location before hitting the
“send” button on your phone.
Key to your safety is utilizing techniques
that don’t require you to look away from the road,
such as voice activated commands to your phone or
to your vehicle via blue tooth technology.
An accident can occur in a moment, so looking away
from the road to physically answer your phone or
lookup or dial a number could be detrimental to
you and others.
The main point and tip that the highway
patrol offers? Don’t use your cell phone
while unless you absolutely can’t avoid the
call. Let voicemail answer for you and
return the call when doing so won’t distract you
from driving. Most calls can wait a few
minutes.
For a more detailed list of the tips that
may save your life or the life of someone else, click
here..
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